LAMTI LEGO, S/O LT. ERING LEGO, R/O VILLAGE : SILUK, P.O. AND P.S. MEBO, Vs. STATE OF ARUNACHAL PRADESH AND ANOTHER

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28.3.2014 passed by learned Addl. Sessions Judge, Pasighat, Arunachal Pradesh, in Psg. Sessions Case No. 234/13. By the said judgment the appellant herein was convicted under Sec. 376 (2) (f) I.P.C. and sentenced to undergo rigorous imprisonment for 10 years with fine of L 50,000.00, in default of payment of fine further imprisonment for 5 months. The fine amount, on realization, was directed to be paid to the victim. Learned trial court also directed the Legal Service Authority for payment of adequate compensation to the victim as per the scheme provided under Sec. 357 A of Code of Criminal Procedure.

(2.) The prosecution case, in brief, is that the victim, a little girl, student of Class - III was raped by a teacher of her school. On 17.9.2008, while the victim was in her class room, the accused called her and took her to his house. The family members of the accused were not present inside the house. When she entered into the house, the accused closed the door and then committed rape on her. She cried out of pain and thereafter, she was released. He asked her not to disclose it to anybody. When she came back home, she narrated the incident to her mother and her mother informed her father, who in turn, lodged the FIR. On the basis of his FIR, Pasighat P.S. Case no. 92/2008 under Sec. 376 (2) (f) I.P.C. was registered.

(3.) During the investigation the victim as well as the accused were examined by a homeopathic medical officer. On completion of investigation, charge-sheet u/s 376 (2) (f) I.P.C. was submitted against the accused. The case being exclusively triable by the Court of Sessions, it was committed for trial.