LALMALSOM KAIPENG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 27.03.2019, passed by the learned Special Judge, Gomati Judicial District, Udaipur in case No. Special 08 (POCSO) of 2018 whereby and whereunder the appellant has been convicted under Section 6 of Protection of Children from Sexual Offences Act (POCSO) and sentenced him to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.25,000/- with default stipulation.

(2.) The prosecution case, in brief, is that one Sri Ramlian Malsom lodged a written ejahar with the O.C., Taidu Police Station on 31.07.2018, inter alia stating that on 29.07.2018, at about 12:00 noon, accused Lalmalsom Kaipeng took his younger sister's daughter, aged 8 years, to the nearby jungle and committed rape on her. This was informed to his sister by his niece and, thereafter, on 31.07.2018 his sister Daisingh Kaipeng told him about the incident. Due to social shame, they did not divulge the incident soon after the incident.

(3.) On receipt of the ejahar, Taidu PS FIR No.12/2018 under Section 376(2)(i)/506 of IPC and Section 6 of the POCSO Act was registered and the OC himself took up the investigation and on completion of investigation, charge-sheet was submitted under the aforesaid sections.