SUNCHU VINOD Vs. STATE OF T.S.

JUDGEMENT

(1.) The appellant is convicted under Sec. 5(I) r/w Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the Act') and sentenced to undergo simple imprisonment for a period of three years simple and also sentenced to undergo Rigorous Imprisonment for a period of 10 years under Sec. 376(2)(i) of IPC. Questioning the said conviction, present appeal is filed.

(2.) Briefly, the facts of the case are that P.W.2-victim's family and the family of the appellant are neighbours since several years. A complaint was lodged on 10/4/2017 vide Ex.P1 by P.W.1-mother of P.W.2 stating that P.W.2 was aged 17 years and when she questioned P.W.2 noticing certain changes in her, P.W.2 disclosed that the appellant promised to marry P.W.2 and on 4/6/2016, when P.W.2 went to appellant's house to meet his sister, no one was present and at that point of time, the appellant raped her and this happened several times when no one were present in the appellant's house. However, after some time, the appellant refused to talk with P.W.2 for which reason, P.W.1 filed the complaint. P.W.2-victim was also examined, who corroborated the evidence of P.W.1. After complaint was lodged, PW.2-victim was examined at Barosa center and medical examination was also conducted. According to P.W.5, no external injuries were found on P.W.2. However, the Doctor opined that there was no evidence of any illegal sexual assault and gave her opinion under Ex.P6.

(3.) Heard learned counsel for the appellant and learned Assistant Public Prosecutor appearing for the respondent-State.