TSEWANG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000.00 and in default, to further undergo simple imprisonment for six months, for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences, Act, 2012 (for short "POCSO Act") and aggrieved thereby has filed the instant appeal.

(2.) The case of the prosecution is that on 23/2/2014, a telephonic message was received from Tibetan Welfare Officer Mr. Sonam Dorjee (PW11) about a penetrative sexual assault having been committed by a person with boy aged 10 years at Meetha Nala and sought action. Upon this, report Ext. PW15/A was recorded in the Daily Dairy and Investigating Officer alongwith ASI Ranjit Pal, C. Krishan Kumar and Anil Kumar left for the spot. At the spot, they met the mother of the victim Pema (PW9) alognwith victim (PW10) and Sonam Dorjee (PW11).

(3.) The Investigating Officer recorded the statement of the mother of the victim Ext. PW9/A with the help of interpretor Sonam Dorjee, which was signed by her. In her statement, she has stated that on 23/2/2014, her son (victim) alongwith his friend Lobsang had gone to play towards Bhagshu Road and at about 6:00 p.m. when he (victim) returned to the house, then he kept on weeping and on asking, he disclosed that the appellant had offered burger and chips to her son and his friend and took both of them to a place known as Meetha Nala in his quarter. The appellant kept Lobsang busy in watching TV in one room and in another room he committed sexual assault (unnatural intercourse) with her son. He also disclosed that the appellant had threatened not to disclose the incident to anyone and thereafter handed over Rs.30.00 (Rs.15.00 each to both of them i.e. victim and his friend Lobsang) and then asked them to go to home with a direction not to disclose this fact to anyone. Thereafter, the mother of the victim met Sonam Dorjee (PW11), who had been working as a Driver at the Tibetan Settlement Office, Mcleodganj. The driver further informed the Settlement Officer about the incident and he, in turn, informed the police, on the basis of which FIR was registered.