TANGA RUYI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr M Boje, learned counsel appearing on behalf of the accused/ appellant and Ms L Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh. Also heard Mr T Toyeng, learned counsel appearing for and on behalf of the informant.

(2.) This criminal appeal has been preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973, against the Judgment and Order dtd. 1/10/2019, passed by the Special Judge (POCSO Act), Yupia, Arunachal Pradesh, in POCSO Case No. 46/2015, convicting the accused appellant under Sec. 376(2)(i)/448 IPC, and sentencing the appellant to undergo Rigorous Imprisonment for a term of 12 years, with fine of Rs.10,000.00 in default to undergo further period of 6 months' Rigorous Imprisonment and also convicted the appellant under Sec. 448 IPC and sentenced him to suffer Simple Imprisonment for a period of 6 months with fine of Rs.1,000.00, in default to suffer further period of 1 month Simple Imprisonment. Both the sentences were directed to run concurrently.

(3.) The brief facts of the case is that on 7/8/2015, one Subonang Taidong lodged a written FIR before the OC, Women PS, Itanagar, stating inter alia that on the same day, the accused appellant had committed rape on her minor daughter, aged about 11 years in her rented house. When she returned back home, her daughter told her about the incident that the accused/appellant forcefully inserted finger inside her private part and also had committed rape on her. It is also alleged that the accused appellant earlier also had tried to commit rape on her.