SAGAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal preferred by the sole appellant challenging his conviction U/s.4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" for brevity) and sentence to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.10,000/-, in default to undergo R.I. for a period of six months as per the judgment dated 5.5.2015 passed by the learned Special Judge, Puri in T.R. Case No.8 of 2014. It was also ordered that if the fine amount was realised, the same should be given as compensation to the victim-P.W.2 under Rule 7 of the POCSO Rule, 2012 and direction to set off U/s. 428 of the Cr.P.C. was also given.

(2.) In course of hearing, learned counsel for the appellant submits that the accused has already undergone substantive sentence and accused had informed from jail on 6.10.2019 that learned Sessions Judge had not accepted the deposit of fine amount as the realisation of fine amount was stayed in this appeal. He fervently prays to direct the learned Sessions Judge to accept the fine amount and to dispose of the appeal accordingly.

(3.) On 23.09.2013, at 3.30 P.M., P.W.2-victim while had been to river embankment to attend the call of nature, the accused lifted her to a distant place and committed rape. She disclosed the said fact immediately before her mother, who in turn conveyed to her husband-P.W.1. The matter was brought to the notice of the father of the accused who took time for settlement. As the same had not yielded any fruit, the victim lodged an F.I.R.-Ext.2 at Satyabadi P.S. on 26.09.2013 which was resulted into investigation.