OM PRAKASH SAH Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Manas Das Gupta, learned counsel alon g with Mr. Medo Vero, learned counsel for the appellant. Also heard Mr. V. Zhimomi, learned Public Prosecutor for the State respondent No. Mr. Sentiyanger, learned Amicus Curiae for the respondent No. 2/informant.

(2.) The instant criminal appeal has been filed under Sec. 374 Cr.P.C against the judgment and order dtd. 11/4/2023 passed by the learned Special Judge (POCSO), Mon, Nagaland in G.R. Case No. 12 of 2022, arising out of Mon Women P.S. Case No. 1 of 2022. By the said impugned judgment and order, the appellant was convicted under Sec. 354 (A)(1)(i) of IPC, read with Sec. 12 of the POCSO Act. For his such conviction, the appellant was sentenced to 1(one) year 1(one) month and three weeks imprisonment.

(3.) The prosecution case in brief is that on 20/2/2022, a Zero FIR was forwarded to Mon Women police station by the O/C of Aboi P.S. about a complaint lodged by the mother of the victim, stating that the present accused, serving as G.T.(science) at G.M.S., Chaoha Chingnyu had sexually exploited her minor daughter under the pretext of treating her using stethoscope and applying ointment with his bare hand over her body, pressing her breast, stomach and private parts and also inserting his fingers there.