SUMAN GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant was convicted of the offences under Sec. 376(2)(n) and Sec. 376(3) of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), with Sec. 5(j)(ii) and Sec. 5(l), punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter the 'POCSO' Act), vide the Judgment dtd. 15/7/2021, in Sessions Trial (POCSO) Case No.07 of 2020, by the Court of Learned Special Judge (POCSO), West Sikkim, at Gyalshing.

(2.) The Order on Sentence dtd. 16/7/2021, meted out the following to the Appellant;

(3.) The limited challenge in this Appeal is to the length of incarceration meted out to the Appellant by the Learned Trial Court under the various provisions of law for which he was convicted. Learned Senior Counsel for the Appellant submits that he does not assail the Judgment of conviction but is only aggrieved by the Sentence handed out to the Appellant which is inequitable and harsh, considering that a child was born from the relationship as proved by Exhibit 19. That, the child and the mother the alleged victim, are suffering on account of the absence of the care and protection of the Appellant as presently there is no one to provide for them. That, infact both, the Appellant then aged twenty seven years and the victim who was sixteen years, were in love and the sexual act was consensual but the case arose only on account of the First Information Report (hereinafter, the 'FIR'), Exhibit 7, that the father of the victim lodged, complaining of sexual assault on his daughter. Learned Senior Counsel for the Appellant sought for a reduction of the sentence to mitigate the sufferings of the victim.