KHADEM BHAKTA SINGH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. J. Doji, learned Amicus Curiae for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

(2.) This jail appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dtd. 30/3/2021, passed by the learned Special Judge, POCSO, at Khonsa, in KSA POCSO Case No. 28/2020, in connection with Kharsang P.S. Case No. 09/2020, under Ss. 341/376(2)(f) of the Indian Penal Code read with Sec. 6 of the POCSO Act, 2012, whereby, the Special Judge, POCSO, Khonsa, Tirap District, Arunachal Pradesh, has convicted the present accused/appellant under Sec. 6 of the POCSO Act and thereby sentenced him to undergo imprisonment for life and with a fine of Rs.20,000.00 in default to undergo S.I. for an other 2 (two) months for the offence of aggravated penetrative sexual assault on his step daughter.

(3.) The brief facts, leading to this appeal, is that on 22/8/2020, one Mrs. Basanti Singh, mother of the victim, lodged an F.I.R. with the Officer-In-Charge, Kharsang Police Station, alleging that on the same day, at around 2.30 p.m., the present accused/appellant- Shri Bhakto Singh, took his stepdaughter, who was about 10 years of age, inside the jungle and raped her. As per the allegation, on 22/8/2020, while the victim (name withheld) visited the resident of one neighbor- Sidananda Dihingya along with the youngest son of the appellant and were playing with the other kids, the accused/appellant went to the resident of the said neighbor and asked the victim (his stepdaughter) and his son to come back to their home and he also accompanied both of them while they were coming back to home. But, on the midway, the accused asked his son to go back home alone and took the victim, i.e. his stepdaughter, towards the jungle and inside the jungle, he forcefully raped his stepdaughter, who was about 10 years of age. When her brother came back home alone, the mother of the victim went to the road in search of her daughter and after sometime, she found her coming home and was crying. On inquiry, she discloses everything to her mother and then the mother of the victim called the neighbours, but during that time, the accused/ appellant ran away from the spot and the mother of the victim immediately took the victim to the hospital as she was profusely bleeding through her genital organ and was also suffering from stomach pain. Thereafter, the mother of the victim lodged the F.I.R. against the present accused/appellant.