PRANIL GUPTA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment and Order of the Special Judge, POCSO Act, 2012, West Sikkim at Gyalshing, in Sessions Trial (POCSO) Case No. 02 of 2014, in which the Appellant was convicted for the offence under Section 3 of the POCSO Act, 2012 and sentenced to undergo Simple Imprisonment for 7 (seven) years and to pay a fine of Rs. 2000/ - (Rupees Two Thousand) only, with a default stipulation.

(2.) THE grounds raised in the Appeal, inter alia, are that the Learned Trial Court has failed to appreciate the facts and circumstances of the statement of witnesses recorded in the case and came to an erroneous finding by convicting the Appellant under Section 4 of the POCSO Act, 2012. That, the Prosecutrix is the wife of the Appellant and it was not him but his sister who had refused to accept the Prosecutrix as the Appellant's wife. That, the act of the Appellant or the Prosecution case does not fall under the definition of 'Rape' as provided under Section 375 of the Indian Penal Code, 1860. That, the Ld. Trial Court failed to evaluate the discrepancies in the evidence of the Prosecution witnesses and that of the Prosecutrix herself recorded u/S. 164 Cr.P.C. and thereby reached an erroneous finding, hence the Appeal.

(3.) THE family of the Victim on searching for her, learnt that she had been taken by the Appellant and reported the matter to the Panchayat. The family also contacted PW -5, who assured the family that he would bring the Victim and the Appellant to Rimbi on 05.05.2013 which was deferred to 06.05.2013. On the said date, both the Victim and the Appellant were then brought to the Victim's house at Rimbi by PW -5, where her parents along with the Panchayat and local gentry had assembled to discuss the matter. The family of the Appellant refused to accept the Victim as his wife, consequently, the Victim's family lodged the Complaint - Exhibit -6, informing that the Victim was a minor and had been sexually assaulted by the Appellant. On completion of investigation, Charge Sheet was submitted against the Appellant under Section 363/376 of the Indian Penal Code, 1860 read with Section 4 of the POCSO Act, 2012.