RAM SEVAK LOHAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by Special Judge (POCSO), Andaman and Nicobar Islands, Port Blair in Sessions Case No. 24 of 2017 on 6/11/2017, whereby the appellant has been convicted for commission of offence punishable under Sec. 6 of the POCSO Act, read with sec. 376 I PC and sentenced to suffer rigorous imprisonment for twenty-five years with fine of Rs.1.00 Lakh and in default to suffer further simple imprisonment for one year for committing of offence under Sec. 5G)(ii) of POCSO Act, 2012.

(2.) In the present case the criminal proceeding against the Appellant perpetrator, who happens to be the step father of the prosecutrix has been set in motion on the initiative taken by PW3 Sister Rose Ann, sister-in-charge of Nirmala Shishu Bhawan, Port Blair (the Children's Home of Missionaries of Charity for abandoned street babies and children or a shelter home or institution meant for minor children in need of care and protection) where the victim girl who was six months old pregnant was admitted by her own mother and the perpetrator step father on 8/6/2017.

(3.) That Sister Ann on finding the victim to be a minor pregnant girl and on learning that she was impregnated by her own step father put criminal law in motion by informing the concerned authority i.e. Mr. P.C. James (PW10) Nodal Officer of Social Welfare Department and who in turn appears to have informed District Child Protection Unit, Port Blair. On receiving information from Mr. James, Dr. Sheetal Anup, DCPO, Port Blair along with child line workers Renu Singh and Suman Barla (PW2) proceeded to Nirmala Shishu Bhawan after informing Women Police Cell of Port Blair. That members of DCPU and lady police official of Women Police Cell, Port Blair after reaching the Children's Home enquired the victim girl and who invariably told them that it was her step father who committed sexual offence/rape on her and which resulted in her pregnancy. Then they obtained a written complaint duly signed by the victim and on which the members of DCPU too have signed and forwarded the same to Aberdeen P.S. for taking necessary legal action. On receiving such complaint of victim from DCPU and official of police women cell, PW 12 Station Writer of Aberdeen PS started Zero FIR dated 15.06.2017under Sec. 5G)(ii)/6 of POCSO Act read with Sec. 376 I PC and transmitted the same to the Hutbay PS for initiating regular case or FIR.