JAYAPRAKASH P.D. Vs. STATE OF ARUNACHAL PARDESH

JUDGEMENT

(1.) Heard Ms. S. V. Darang, learned Amicus Curiae for the appellant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent No. 1; and Ms. N. Danggen, learned legal aid counsel for the respondent No. 2.

(2.) This criminal jail appeal has been registered based on the forwarding of the appeal filed by the convict, Shri Jayaprakash P.D as per the notification No. 32 dtd. 23/5/2022 issued by the Registrar (Judicial) Gauhati High Court. The Additional Sessions Judge, Basar Leparada in BSR/POCSO-09/19 convicted the appellant Jayaprakash P.D and sentenced him to undergo imprisonment for 10 (ten) years with fine of Rs.10,000.00 (Rupees Ten thousand) for the offence under Sec. 377 IPC, and 20 (twenty) years rigorous imprisonment and a fine of Rs.2,000.00 (Rupees Two thousand) for the offence under Sec. 5(f)(l)(m)/6 of POCSO Act, 2012 with default clause under Sec. 377 of IPC R/w Sec. 5(f)(l)(m)/6 of POCSO Act, 2012.

(3.) The brief fact of the case leading to the filling of the present appeal is that on 3/7/2019 at around 21:15 hrs, a written FIR was received from one Shri Tai Mara Leyu, of Poda Mara village, Taliha, Upper Subansiri District, Daporijo to the effect that one Shri Jayaprakash P.D, the principal of Silver Hills Public School, Daporijo has been sexually assaulting his minor son (name withheld to be known as victim hereinafter) aged about 8 (eight) years since last 2 (two) months. The said FIR further alleged that when the informant took the victim out of the hostel to buy him slipper (chappal) the victim was seen limping, on being asked the victim disclosed that the accused/principal did not provide him separate bed and forced him to sleep in his bed to satisfy his lust and sexually assaulted him every night. Basing on the above written FIR, the Officer-In-Charge of Daporijo police station, had registered it as DRJ PS.Case No. 40/2019 under Sec. 377 of IPC read with Sec. 6 of POCSO Act, 2012 and investigated the matter.