AKA KALUNG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Tama, learned counsel for the appellant. Also heard Mr. J. Tsering, learned Public Prosecutor for the State respondent; Mr. K. Saxena, learned Amicus Curiae for the victim; and Ms. T. Y. Bhutia, learned counsel for the informant. This is an application filed under Sec. 374 (2) of the Code of Criminal Procedure against the impugned and judgment and order dtd. 22/8/2022, passed by the learned Special Judge (POCSO), Tezu, in POSCO Case No. 05(LDV)/2021, corresponding to Roing P.S Case No. 22/2021, whereby, the appellant, namely, Aka Kalung, has been convicted under Sec. 376(2)(f) of the Indian Penal Code and Sec. 4 of the POCSO Act, 2012 and vide order dtd. 30/8/2022, the appellant has been sentenced to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay a fine of Rs.20,000.00 and in default of payment to undergo further Simple Imprisonment of 2(two) months.

(2.) The appellant/convict is presently undergoing sentence of Rigorous Imprisonment since 22/8/2022, in the District Jail, Tezu, in pursuant to impugned judgment and order passed by the learned Special Judge (POCSO), Tezu, in POSCO Case No. 05 (LDV)/2021.

(3.) The brief facts of the case of the appellant is that on 1/3/2021, the appellant had filed a missing report before the Officer-in-Charge, Police Station, Roing, to the effect that the victim has been missing since 9.00 A.M. of 28/2/2021. But, subsequently on 2/3/2021, the victim was recovered and handed over to the Child Line, Roing and thereafter, she was shifted to Child Care Institute standing under the name and style of Nani Mariya Child Care Institute, Roing and since then, victim is residing in the said Institution.