PRIYO DEWAN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D.K. Deori, learned counsel for the appellant. Also heard Ms. L. Hage, learned Addl. P.P for the State of Arunachal Pradeh and Ms. J. Doji, learned counsel for the respondent Nos. 2 to 4.

(2.) This criminal appeal is filed by the appellant/convict Priyo Dewan @ Hriday. He was convicted by the Court of Special Judge POCSO Act, Khonsa, Tirap district Arunachal Pradesh in Khonsa SC (POCSO) Case No. 11/2021 arising out of Diyun Police Station Case No.09/2021, under Sec. 376/307/325/201 of IPC, along with Sec. 4 of the POCSO Act. He was sentenced to 20 years of rigorous imprisonment for the offence under Sec. 376(3) IPC and fined Rs.10,000,.00 with default stipulations. He was also sentenced to 8 months of simple imprisonment and fined Rs.5,000.00 for the offence under Sec. 323 IPC, with default stipulations. Both the sentences are to run concurrently.

(3.) The prosecution story in brief is that on 2/8/2021, at about 16:40 hours, a joint written information was received from Shri Buddha Sadan Chakma (PW-2) and Natun Chandra Chakma (PW-3 alleging that on 1/8/2021, at around 1300 hours, the minor girl aged about 12 years-old went to fetch water from the Noa-Dihing river at Maitripur with a couple of plastics jars on a bicycle. When she did not return home by 17:30 hours, a search began and her bicycle was found against bamboo fencing, with a jar filled with water. Despite extensive searches, she was not found. The next morning, on 2/8/2021, at 06:00 hours, she was discovered by the relatives and villagers lying injured and in a semiconscious state in a gorge. She was found partially naked and she could barely speak. She informed the villagers that she had been raped and assaulted by the accused, Hriday Priyo Dewan of Maitripur village. She was subsequently referred to the district hospital, Namsai for treatment.