STATE OF NAGALAND Vs. KRISHNANANDAN PASWAN

JUDGEMENT

(1.) This appeal under Section 378 of the Code of Criminal Procedure, 1973 ("the CrPC", in short) is preferred against the judgment and order dated 15.06.2018 passed by the learned Special Judge, POCSO Act, Kohima, Nagaland in G.R. Case No. 234/2016 (Special Case No. 5/2016). By the said judgment and order dated 15.06.2018, the learned Special Judge acquitted the respondent-accused from the charges under Section 354A(2) of the Indian Penal Code ("the IPC", in short) and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act", in short) on benefit of doubt, setting the respondent at liberty, if he is not wanted in any other case.

(2.) The case of the prosecution, in brief, is that on 23.11.2016, a First Information Report (FIR) was lodged before the Officer In-Charge of Women Police Station, Kohima by one Mr. Medozeu Rio (P.W.2), Chairman of Kezieke Welfare Board, Kohima against the respondent-accused alleging, inter-alia, that the respondent, a tenant of Kezieke Colony, had been abusing and molesting the boys around his neighborhood. It was further alleged that the respondent had lured his neighbourhood boys in the last week of October, 2016 by offering money and sweets in order to get the boys fondle his private parts forcefully. It was further alleged that the respondent requested the boys to call two minor girls by offering them more money. On receipt of the FIR, the Officer In-Charge, Women Police Station, Kohima registered a case being Kohima Women Police Station Case No. 6/2016 under Section 354A(2), IPC read with Section 8, POCSO Act and endorsed the case to one Vikuobinuo (P.W.5), ASI for investigation.

(3.) In course of investigation, the respondent was arrested and also was stated to be thoroughly interrogated. The statements of the alleged victims (minor boys) were also recorded apart from other witnesses. After completion of investigation, the Investigating Officer (I.O.) of the case i.e. P.W.5 submitted the charge sheet under Section 173, CrPC finding a prima facie case under Section 354A(2), I.P.C. read with Section 8 of the POCSO Act, against the respondent. Pursuant to submission of the charge sheet, the appearance of the respondent was caused before the trial Court of learned Special Judge, POCSO Act, Kohima and on his appearance, the learned Special Court considered the matter of framing charge under Section 354A(2) IPC and Section 8 POCSO Act and framed charges accordingly on 08.03.2017. On charges being explained to the respondent-accused, the respondent pleaded not guilty and claimed to be tried.