MANLEM WANGSU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. S. Mow, learned counsel for the appellant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent No. 1 and Ms. N. Danggen, learned Legal Aid Counsel for the respondent No. 2.

(2.) The instant appeal filed under Sec. 374(2) of the Code of Criminal Procedure is for setting aside the Judgment and Order dtd. 21/6/2021 passed by the learned Special Judge (POCSO), Khonsa in Khonsa Spl. (POCSO) Case No. 02/2021, convicting the accused/appellant under Sec. 6 of the POCSO Act and sentencing him to undergo Rigorous Imprisonment for 20 years and to pay a fine of Rs.20,000.00, i.d. S.I for 3 (three) months.

(3.) Facts of the case, in a nutshell, is that an FIR was filed on 9/12/2020 by the prosecutrix/victim before the Officer-in-Charge, Police Station, Longding to the effect that, on 6/12/2020 at around 9:00 PM, the accused/appellant along with his two friends had come to the residence of the informant searching for rice beer. Accordingly, the victim/prosecutrix prepared rice beer for them. After serving them rice beer, she went outside to clean utensils and while she was cleaning the utensils, the accused/appellant suddenly, got hold of her, forcefully closed her mouth with his hand and took her to the NH at Donbosco colony, where he forcibly raped her. She therefore requested that necessary should be taken against the accused/appellant.