RAKESH DAS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 17/11/2022 passed by the Additional Sessions Judge, North and Middle Andaman, Mayabunder -cum- Special Judge under the POCSO Act in Special POCSO Sessions Trial case No.19 of 2022: Special (POCSO) 15 of 2022, thereby convicting the appellant under Sec. 4 of the POCSO Act and sentencing him to suffer rigorous imprisonment for ten years and also to pay a fine of Rs.50,000.00, in default to undergo rigorous imprisonment for six months more.

(2.) On 15/10/2022, the PW-1 lodged an FIR being Diglipur PS case No.46 dtd. 15/10/2022 under Sec. 3 and 4 of the POCSO Act and Sec. 448 of the Indian Penal Code.

(3.) In the FIR, it was alleged that the de-facto complainant was the Warden of a Girls' Hostel at Sita Nagar. On 15/10/2022, the brother of a girl student staying at the hostel called him up and informed that a boy had entered into the hostel. The de-facto complainant immediately spoke to the Cook of the Girls Hostel and asked her to check the said room No.11, which was locked from inside. The inmate of the room was asked to open the door and a boy was found inside the room. He was handed over to the police. It was learnt that the boy had come on the previous night and had been there with the victim girl for the whole night and had indulged in physical relation. The victim girl was about 16 years old. Three pieces of condom were allegedly recovered from the room.