K. ONLEN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioner. I have also heard Ms. V. Suokhrie, learned P.P for the State of Nagaland.

(2.) This is a criminal revision filed by the petitioner under Sec. 397/401 of the Code of Criminal Procedure, 1973 assailing the judgment and order dtd. 14/7/2020 passed by the Special Judge, Phek Nagaland in Sessions Case No.01/2020 in GR No.02/20 arising out of Phek PS Case No.01/20 under Sec. 10 of the Protection of Children from Sexual Offence Act 2012 (for short POCSO, Act), Sec. 509 of IPC and Sec. 29 of the Police Act, whereby and by which the accused Zaphet Kuki has been convicted and sentenced to undergo 6 years imprisonment and a fine of Rs.5000.00 for offence under Sec. 10 of the POCSO Act; one year imprisonment and fine of Rs.1000.00 for offence under Sec. 509 of the IPC and one month imprisonment under Sec. 29 of the Police Act with default clauses.

(3.) The brief fact of the case leading to the filing of this petition is that on 18/1/2020 a written FIR was received from one Veshekho Vese (PW-3) by the OC Phek PS, Nagaland against the accused/appellant alleging therein that on the said date at around 9.25 AM, the accused a Havildar DEF Phek, posted at Linyu check gate while in uniform molested and attempted rape on his minor daughter while she was alone at home and requested for taking necessary action. On receipt of the said written FIR, a case was registered being W.P.S Case No.01/2020 under Sec. 509 IPC read with Sec. 4 of the POCSO Act and Sec. 29 of the Police Act and investigated into.