SARANGA MONDAL Vs. STATE

JUDGEMENT

(1.) The appeal is directed against judgment and order dated October 05, 2021 passed by the learned Special Judge (POCSO), North and Middle Andaman, Mayabunder in Special POCSO Case No.12 of 2018/Special POCSO S.T No.21 of 2018 convicting the appellant for commission of offence punishable under Sec. 6 of the POCSO Act and directing him to suffer rigorous imprisonment for life and pay fine of Rs.2,00,000.00 (Rupees Two Lakhs only) in default to suffer rigorous imprisonment for one year more with a further direction 90% of fine, if realised, would be paid to the survivor.

(2.) Prosecution case as alleged against the appellant is as follows:

(3.) The survivor is a young girl who was studying in Class IX at the time of occurrence. Her mother had suddenly left the family. Her father was distraught over the incident. Taking advantage of the situation, the appellant approached the father of the survivor (PW-7) and proposed to perform a puja which would bring back his wife. Initially PW-7 was hesitated but subsequently relented. Thereafter the appellant performed puja at PW-7's house. Then he informed PW-7 that to get better result he has to perform puja at the bank of Nallah i.e. creek. Thereafter on Tuesday he took the girl on his bicycle to the side of the Nallah. The following Saturday he again took the girl to the same spot and forcibly raped her. At that time family was residing in the house of the appellant. During their stay he repeatedly raped the child. He also threatened the girl not to disclose the incident to any one failing which she would face dire consequences even death. After one and half months PW-7 took his family back to his own residence. The girl fell ill due to cold and her menstrual cycle had stopped. At this juncture, the girl disclosed the incident and was taken to PHC Billiground. Medical Officer found her pregnant.