SHRI SANDEEP RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is preferred against the judgment dtd. 29/8/2019 and the order of sentence dtd. 30/8/2019 passed by the learned Special Judge (POCSO), West Sikkim at Gyalshing in Sessions Trial (POCSO) Case No. 26 of 2018. By the impugned judgment, the appellant was convicted under Sec. 5 (l), 5 (m) and 5 (n) of the Protection of Children from Sexual Offences Act, 2012, for short, POCSO Act, punishable under Sec. 6 of the POCSO Act. The appellant was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000.00, in default of payment of fine to undergo simple imprisonment for one month for the offence committed under Sec. 5 (l) of the POCSO Act; to undergo rigorous imprisonment for a term 10 years and to pay a fine of Rs.5,000.00, in default of payment of fine to undergo simple imprisonment for one month for the offence committed under Sec. 5 (m) of the POCSO Act and to suffer rigorous imprisonment for a term of 15 years and to pay a fine of Rs.5,000.00, in default of payment of fine to undergo simple imprisonment for one month for the offence committed under Sec. 5 (n) of the POCSO Act. All the sentences are to run concurrently and the period of sentence already undergone during the investigation and trial was set -off under Sec. 428 of the Code of Criminal Procedure, 1973, for short, Cr.P.C. A sum of Rs.1.00 lakh was awarded to the victim in terms of Sikkim Compensation to the Victim or his Dependents Scheme, 2011, as amended in 2013.

(2.) The prosecution case is that based upon a written statement (Exhibit- 7) given by a sister of the appellant, who was examined during trial as PW- 2, Gyalshing P.S Case No.10/2017 dtd. 3/4/2017 under Sec. 376D IPC read with Sec. 6 of POCSO Act was registered against the appellant and another, who was later on tried by Juvenile Justice Board, for short, Board, constituted under Sec. 4 of the Juvenile Justice (Care and Protection) Act, 2015, for short, the JJ Act of 2015, he being a child in conflict with law as defined under Sec. 2 (13) of the JJ Act of 2015.

(3.) Charge sheet was filed under Sec. 376 IPC read with Sec. 6 of POCSO Act against the appellant on 13/9/2018 wherein the age of the appellant was shown as 18 years. At the time of filing of the charge sheet, the appellant was shown to be absconding.