DEPESH TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is presented against the judgment dtd. 29/11/2018 and order on sentence dtd. 30/11/2018, passed by the learned Special Judge (POCSO), West Sikkim at Gyalshing, in Sessions Trial (POCSO) Case No. 01 of 2018, convicting the accused/appellant under Sec. 5(l) of the Protection of Children from Sexual Offences Act, 2012, for short, ,,the POCSO Act, punishable under Sec. 6 of the POCSO Act and sentencing him to suffer Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.10,000.00, in default of payment of fine, to suffer Simple Imprisonment for two months.

(2.) An FIR was lodged by the father of ,,X (name withheld) before the Station House Officer, Tikjuk Police Station on 31/12/2017 stating that his daughter, aged about 15 years, did not come back after she had gone for tuition and that she had eloped with the accused and they were then traced in Gangtok. It is stated that while investigating, it came to light that the accused had sexually assaulted his daughter several times. On receipt of the FIR, GD Entry No. 138 was registered and subsequently, Gyalshing Police Station Case No. 42 of 2017 under Sec. 363/376 of the Indian Penal Code, 1860, for short, the IPC read with Sec. 4 of the POCSO Act came to be registered against the accused (Exhibit-17). After completion of investigation, police submitted charge-sheet under Ss. 363/376 of the IPC, read with Sec. 4 of the POCSO Act against the accused whereupon ST (POCSO) Case No. 01 of 2018 was registered in the Court of Special Judge (POCSO).

(3.) Statement of ,,X was recorded under Sec. 164 of Code of Criminal Procedure, 1973, for short, ,,Cr. P.C., before the learned Judicial Magistrate (I/C), West Sikkim at Gyalshing on 29/1/2018. Both ,,X and accused were also medically examined.