PADI TAMO Vs. STATE OF A. P.

JUDGEMENT

(1.) Heard Mr. D. Majumdar, learned Senior Counsel assisted by Mr. D. Lazi, learned counsel for the appellant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State and Ms. S.V. Darang learned Amicus Currie.

(2.) This criminal appeal is preferred by the appellant Sri Padi Tamo, assailing the judgment and order dtd. 18/4/2023 passed by the learned Special Judge (POCSO), Yupia, in POCSO Case No. 40/2018 whereby the appellant has been convicted under Sec. 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 10 years and also to pay fine of Rs.20,000.00 (Rupees twenty thousand) only and in default of payment of fine to undergo simple imprisonment for another 3 (three) months.

(3.) The case set up by the prosecution, in brief, is that on 7/4/2016, one Smti Yashi Dulom, lodged an F.I.R. before the Officer-In-Charge, Women Police Station, Itanagar, alleging that her neighbor one Sri Padi Tamo, residing at Old I.B. Line, C-sector, Itanagar, raped her 13 years old daughter Miss 'M' (name withheld), a student of Class-VI during the month of December,2015, on being stated by the victim. It is also stated that the matter was disclosed only after the medical formalities were done by the complainant on her daughter on being complained of having pain in the stomach and her unusual appearance.