SURESH TIRKEY Vs. STATE

JUDGEMENT

(1.) The present Criminal Appeal is from a Judgment dtd. 15/4/2021 passed by the Special Judge under The Protection of Children from Sexual Offences Act, 2012, North and Middle Andaman. By the impugned Judgment, the appellant (accused before the Court) was sentenced to imprisonment for 20 years for the offence under sec. 376 of the Indian Penal Code, 1860, and a fine of Rs.2.00 lacs as compensation to the victim under Sec. 357 of The Code of Criminal Procedure, 1973.

(2.) The appellant was convicted on the basis of an FIR dtd. 27/12/2020 under Sec. 5 and 6 of the POCSO Act read with Sec. 376 of the IPC. Charges were framed under the same Sec. on 16/3/2021. The evidence of 10 witnesses were taken for the prosecution. The evidence of the accused under Sec. 313 of the CrPC is part of records.

(3.) The relevant facts, as recorded in the impugned judgment, are as follows. The appellant was accused of committing rape on the victim, who was alleged to have been below the age of 18 years on the date of the occurrence of the incident. The prosecution case was that the accused person/appellant and the victim were in a physical relationship before the victim became pregnant. The victim initiated the case after the appellant refused to marry the victim. The judgment records the age of the victim as 19 years as on the date of the judgment.