ANAND SIDASOW Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. G. Taloh, learned counsel appearing for the appellant. Also heard Ms. T. Jini, learned Addl. P.P., AP appearing for the State, as well as Mr. T. Gyatso, learned counsel for the respondent No. 2.

(2.) The instant appeal has been instituted assailing the judgment and order dtd. 28/2/2024, passed by the learned Special Judge, POCSO, in POCSO Case No.10/2023, convicting the appellant under Sec. 376 IPC read with Sec. 6 of the POCSO Act and sentencing him to undergo imprisonment for 20 years with payment of fine of Rs.20,000.00.

(3.) The brief facts leading to the institution of the present case is as under: The victim girl Ms. X lodged an FIR alleging therein that she was 17 years old and in the year 2020 when she was 14 years old, studying in Class-VII in KMC School, Nafra, the accused appellant had trapped her in fake love, by making false promise that he would marry her and also stipulated that she should not disclose anything about their relationship to any one or else people would separate them. She further alleged, therein, that on 14/6/2020, the accused appellant had come to her school, where she was studying in Class-VII, and asked her to go with him up to the market as he wanted to buy chips for her. She alleged that being allured by his words, she went along with him up to Nafra market on his motorbike. However, she was forcibly taken to his house located at Bichom and therein he had sexual intercourse with her forcefully. The informant further alleged that she believed that the accused appellant really loved her and that whatever he had done was on account his love towards her. She also stated in the FIR that she stayed with the accused appellant in his house on the believe that she was his lawfully wedded wife. She further alleged that for long 03 years, she was sexually exploited by the accused appellant and she was forced to take contraceptive pill for several occasions. She further alleged that in the year 2021, she had conceived but, however, the same was aborted by the appellant by giving her pill. She alleged that as a result of the same, she suffered physically and mentally. She further alleged that in the middle part of 2021, the accused appellant started to have illicit relationship with other girls and therefore, she asked him to leave her in her parental house. However, he did not listen to her rather tortured her physically and mentally. She further alleged that she was even made naked in veranda of the house and tortured. She was threatened that she would be murdered, if she left his house. The petitioner also adduced an explanation in the FIR for the delay occasioning in lodging the same. On receipt of the said FIR, the police registered Rupa P.S. Case No. 17/2023, under Sec. 366/ 376/ 506 IPC read with Sec. 4 of the POCSO Act. The petitioner in addition to be examined medically, her statement was also recorded under Sec. 164 Cr.P.C. On the matter reaching the court of the Special Judge, POCSO, charges came to be framed against the present accused appellant under Sec. 366/376/506 IPC read with Sec. 4 of the POCSO Act. The accused appellant on the charge being read over and explained to him, having pleaded not guilty and claimed to be tried, a trial ensued. During the trial, the prosecution in support of its case examined 12 (twelve) witnesses. Thereafter, the accused appellant was examined under Sec. 313 Cr.P.C.. On conclusion of the trial, the learned Special Judge, POCSO, on appreciating the evidences coming on record, proceeded vide judgment dtd. 28/2/2024, to convict the accused appellant under Sec. 376 IPC and Sec. 6 of the POCSO Act. However, the accused appellant was acquitted of the charges so framed against him under Sec. 366 and 506 IPC. On the conviction of the appellant, herein, the learned trial court vide order dtd. 6/3/2024, proceeded to sentence the appellant, herein, to undergo Rigorous Imprisonment for 20 years and payment of fine of Rs.20,000.00 for aggravated penetrative sexual assault punishable under Sec. 6 of the POCSO Act. In default of payment of fine, the accused appellant was directed to undergo further simple imprisonment for 03 (three) months. Being aggrieved, the appellant, herein, has instituted the present proceeding.