HAPPYSON SAKA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The criminal appeal has been filed by the appellant, ShriHappyson Saka under Sec. 374 (2) Criminal Procedure Code, 1973 (herein after Cr.P.C.) read with Rule 16 of the Rules for Administration of Justice and Police in Nagaland, 1984. The convict/ appel-lant is aggrieved by judgment and order dtd. 20/12/2021 passed by the learned Special Judge, Fast track Court, Dimapur, whereby after trial, the appellant was convicted under S.354 IPC read with Sec. 10 of Protection of Children from Sexual Offences Act, 2012 (hereinafter POCSO Act). The appellant was sentenced to undergo 3(three) years rigorous imprisonment.

(2.) The background facts giving rise to the trial is that on 23/8/2020, the informant lodged an FIR in the Dimapur Women Police Station, alleging sexual assault upon her 13 years old daughter, suffering from physical disability. On the basis of the same, Dimapur Women P.S. Case No. 022/2020 was regis-tered under Sec. 354/363/376/511 IPC, read with Sec. 8 of the POCSO Act. After completion of investigation, the I/O submitted charge sheet vide C.S. No. 029 of 2020 dt. 13/10/2020 under Sec. 354 IPC read with S. 10 POCSO Act. Subsequently, the learned Special Court was pleased to frame charges against the appellant as accused under the same charge sheeted provisions and on his denial, the trial commenced.

(3.) During the trial, the prosecution addu-ced the testimony of 7(seven) witnesses, including the informant and the victim. The completion of prosecution evidence was followed by examination under Sec. 313 Cr.P.C. No defense evidence was produced. Upon appreciating the evidence and hearing the parties, the learned trial court was pleased to convict and sentence the appellant as stated above. Aggrieved by the same, he is before this court. The original TCR has been rece-ived. Well compiled paper book has also been placed before the Court at the time of hearing.