DOSEN KAMKI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Tama, learned counsel for the appellant. Also head Mr. U. Bori, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

(2.) This is an appeal under Sec. 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Sec. 374 of the Criminal Procedure Code, 1973 assailing the Judgment dtd. 31/8/2021 and Sentence dtd. 9/9/2021 passed by the learned Special Judge POCSO cum Children Court, Aalo in Special POCSO Case No. 01/2020, whereby the appellant was convicted under Sec. 6/8 of POCSO Act, 2012 read with Sec. 376(2) (a) (i) of IPC and was (I) sentenced to undergo ten (10) years of rigorous imprisonment and fine of Rs.1000.00(Rupees one thousand) only for the offence punishable under Sec. 6 of POCSO Act read with Sec. 376 (2) (a) (i) of IPC and (II) sentenced to undergo imprisonment for three (3) years rigorous imprisonment and fine of Rs.1000.00- (Rupees one thousand) only for the offence punishable under Sec. 8 of POCSO Act and failing to pay the fines in both, simple imprisonment for three (3) years each.

(3.) The prosecution was set into motion on the basis of an FIR dtd. 21/4/2019 lodged before the Officer-In-Charge, Police Station Kamba, West Siang District, Arunachal Pradesh by one Shri Mito Minung @ Ninu, alleging that the present appellant had committed rape upon his minor nephew Miss "M" (real name withheld) at different occasions at victim's house and at the house of the appellant. On the basis of such information, a case was registered being Kamba PS Case No. 06/2019, under Sec. 6 of POCSO Act, 2012 read with Sec. 354/376 (2) (i) (I) of IPC.