TANKESHWAR DAS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment and order of the conviction and sentence dtd. 20/1/2022 passed by the Learned Additional Sessions Judge-cum-Judge, Special Court (POCSO Act), Andaman and Nicobar Islands, Port Blair in Special Case No. 27 of 2018 : Special Trial No. 10 of 2019, thereby convicting the appellant under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentencing him to suffer imprisonment for life and to pay a fine of Rupees Two Lakhs and to suffer rigorous imprisonment for ten (10) years with a fine of Rupees Ten Thousand for committing the offence punishable under Sec. 315 of the Indian Penal Code, in default, to suffer rigorous imprisonment for six months. If the fine was paid by the convict, the same was to be paid to the victim girl/survivor to meet her medical expenses and rehabilitation. By the same order, the co- accused/wife of the appellant was acquitted of all charges. The Administration was also advised to pay Rupees Ten Lakhs as compensation.

(2.) At this stage, it is submitted on behalf of the State that the girl is presently staying at an Ashram and the fine amount paid has already been released in her favour.

(3.) On 25/4/2018 the victim girl (PW1) lodged an FIR being Humfrigunj PS Case No. 35/2018 dtd. 25/4/2018 under Sec. 376(2)/313/506 of the IPC and Sec. 5/6 of the POCSO Act. It was alleged that the appellant being the own biological father of the minor victim girl committed penetrative sexual assaults upon her since 2015, which led to her pregnancies and consequent abortions. Soon after the incident of 2018, the victim went to the Panchayat authorities and disclosed everything. She was taken to the police station thereafter where she lodged the complaint.