K. DURYODHAN Vs. STATE

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment passed by the learned Special Judge (POCSO) Court, North and Middle Andaman, Mayabunder in Special POCSO Case No.2 of 2020, Special POCSO S.T Case No.16 of 2020 ( The State vs. K. Duryodhan and Smt Sapna) date 17/11/2021 wherein the learned Judge had convicted the appellant K. Duryodhan and sentenced to suffer rigorous imprisonment for three years for the offence punishable under Sec. 8 of Protection of Children from Sexual Office Act, 2012 and also to pay fine of Rs.50,000.00 out of which 90 per cent amount is to be paid to the victim as compensation under Sec. 357 of Code of Criminal Procedure, in default of payment, the appellant will suffer further Rigorous Imprisonment for six months.

(2.) The case is initiated on the basis of the complaint of the victim before the Police Station Mayabunder on 5/1/2020 being FIR being FIR No.6 of 2020 under Sec. 7/8/11 of the Protection of Children from Sexual Offence Act, 2012 against the appellant.

(3.) It is alleged that, on 10/12/2019 at about 4.30 pm in the evening, when the victim was going from the footpath of her house to take a pen from the shop of Balakrishna located near the main road and when she passed through the house of the appellant, who works in the Electricity Department standing in front of his house and on seeing the victim going from footpath called the victim but the victim did not give any attention to his words, but when the victim was returning from the shop after buying a pen, the appellant had stopped the victim at the footpath in front of his house and had caught hold the hand of the victim and when the victim asked the appellant to leave her hand but the appellant has put his other hand inside her cloth and started touching her chest with dirty intention. The victim further stated in her statement before the police that when she tried to free herself from the appellant, the appellant had repeatedly caught hold one of her hand and put his other hand inside her cloth and hold her chest. She somehow managed to free herself from the appellant and run away from there. Thereafter, the victim had narrated the same to Harshika Peter Didi. Then she informed the incident ot her aunt Miss M. Satya Narayana and her mother on the same day. Thereafter they asked the appellant, the appellant had replied shall I show by repeating the same. Keeping in mind of prestige, they have not made any complaint. But whenever the victim go to school, the appellant was looking at the victim with bad intension for which the victim along with her mother and aunt reported the matter to the police on 5/1/2020.