ANIL CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant, a 31 year old married man, was alleged to have committed the offence of penetrative sexual assault and impregnated the female child, said to be 15 years at the time of the offence.

(2.) The Court of the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim, vide the impugned Judgment, dtd. 21/12/2023, in ST (POCSO) Case No.07 of 2021, having examined the entire evidence furnished by the Prosecution, convicted the Appellant of the offence under Sec. 3 punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act, 2012'). Vide Order on Sentence, dtd. 22/12/2023, he was sentenced to undergo rigorous imprisonment for a term of twenty years and to pay fine of Rs.2,000.00 (Rupees two thousand) only, with a default stipulation.

(3.) Before delving into the merits of the matter, it is imperative to put forth a short summation of the Prosecution case. On 5/11/2020, PW-1 the victim's mother lodged Exbt P3/PW1, the FIR, informing the concerned Police Station that her daughter, aged about 15 years, was forced into a physical relation by and with the Appellant, about five to six months prior to the lodging of the FIR, resulting in her pregnancy of the same gestational period. Initially, her daughter, fearing ignominy did not inform anyone, but when PW-1 unexpectedly came to learn of the pregnancy and made enquiries from the victim, she narrated the incident of sexual assault. The FIR was duly registered under Sec. 6 of the POCSO Act, 2012, at the concerned Police Station, against the Appellant and investigated into by PW-11, the Investigating Officer (I.O.). On completion of the investigation, Charge-Sheet came to be filed before the Learned Trial Court against the Appellant under Sec. 6 of the POCSO Act, 2012, against the Appellant.