TAMAR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. R. Sonar, learned counsel appearing for the petitioner. Also heard Mr. J. Tsering, the learned Public Prosecutor representing the State of Arunachal Pradesh/respondent No. 1. Mr. K. Saxena, the learned counsel for respondent no. 2.

(2.) Shri. Tamar Alias Chikmar Malling (hereinafter the appellant) has filed this revision Petition Revision petition under Sec. 397, 398 R/w 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short), challenging the legality and the propriety of the judgment and order dtd. 5/9/2022 and the order of sentence dtd. 7/9/2022, passed by the learned Additional Session Judge, Basar, Leparada District, in connection with BSR/Session Case No. 01/2020, convicting the petitioner under Sec. 376(1) of the Indian Penal Code (IPC for short) and sentencing him to undergo rigorous imprisonment for 07 (seven) years and a final Rs.2000.00 (Rupees Two Thousand Only) with default stipulation. This revision petition was later registered as an appeal vide provisions of Sec. 401(5) of the Cr.P.C.

(3.) Brief facts leading to this appeal is that on 27/10/2017 at around 10.00 hours, at Urban Complex, Lenyi Village under Dumporijo P.S., the appellant committed rape on the 16 year old victim 'X', who was staying in the house of Smt. Yamak Nguki. Taking advantage of the absence of the family members in the house, the appellant committed rape on the victim 'X'. The victim's father 'Y' lodged and FIR, which was registered as DMJ PS C/No. 15/17 U/Ss-376/506 IPC R/w Sec. 4 of POCSO Act, 2012 (POCSO Act for short).