AKHIL SHIL Vs. THE STATE

JUDGEMENT

(1.) A horrendous incident of brutal sexual assault marring the innocent childhood of a three year girl is the subject-matter of instant appeal. It is alleged that the minor girl was playing in the verandah in front of her room. The appellant, a co-tenant, called her into his room on the pretext of giving tea. Thereafter, PW-2, mother of the victim, heard screams coming from the room of the appellant. She rushed to the spot and banged at the door which was closed from inside. After much effort appellant opened the door. He was naked. Victim was also found undressed. As the mother of the victim was leaving the room with the child, the appellant pushed her. PW-2 enquired from her daughter about the incident and the latter informed her that the appellant removed her wearing apparels and inserted his finger into her vagina.

(2.) On the written complaint of PW-2, First Information Report was registered against the appellant. The victim was medically treated at the hospital by PW-7 who found injuries in her private parts. Upon completion of investigation, charge sheet was filed against the appellant. Charges were framed against him under sec. 4/6 of POCSO Act, 2012 and under sec. 376/342/341, IPC. Prosecution led evidence by examining eight witnesses and exhibiting a number of documents. Defence of the appellant was one of innocence and false implication.

(3.) In conclusion of trial, the trial Court by the impugned judgment and order convicted the appellant for the offences punishable under sec. 6 of the POCSO Act and under sec. 342 of the IPC and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000.00 in default to suffer simple imprisonment for six months more for the offence punishable under sec. 6 of the POCSO Act and to suffer rigorous imprisonment for six months for the offence punishable under sec. 342, IPC. Both the sentences to run concurrently.