DEEPAK DARJEE Vs. THE STATE OF SIKKIM

JUDGEMENT

(1.) The instant Appeal arises from the conviction and sentences vide Judgment dated 28.05.2015 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012, East District at Gangtok, East Sikkim in S.T. (POCSO) Case No. 24 of 2014, whereunder, the appellant herein was held guilty under provisions of Section 450 IPC and also under Section 376 (2) read with Section 511 IPC and under Section 10 read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). The appellant was sentenced to rigorous imprisonment for five years and fine of Rs.2,000/ - under Section 376/511 IPC. In default of payment of fine, to undergo further imprisonment for two months. Under provisions of Section 10/18 of POCSO Act, he was sentenced to three years and six months rigorous imprisonment and fine of Rs.2,000/ -. In default of payment of fine, to undergo further imprisonment for two months. Under Section 450 IPC, he was sentenced to simple imprisonment for two years and fine of Rs.1,000/ - and in default of payment of fine, to undergo further imprisonment for two months. All the sentences were to run concurrently after setting off the period of imprisonment already undergone during investigation and trial. Further, the Sikkim State Legal Services Authority was directed to make compensation to the tune of Rs.25,000/ - under the Sikkim Compensation to Victims or his Dependents Scheme, 2011. The amount of fine so collected was also directed to be paid to the victim.

(2.) The facts, in brief, are that the mother of the victim, when she came back to her home after collecting fodder around 05.00 PM on 16.06.2014, found that the appellant/accused placed her minor daughter of 10 years between his thighs after having unzipped his pants down and also after pulling down the pant of her minor daughter. In this outrage, she began beating the appellant/ accused with her slipper, making him to release the victim from his grip, which led the accused to run away from the place of occurrence, i.e. inside her house. It was further stated that mother of the victim namely, Shiva Maya Chettri, reported the incident to her son in the next day morning as her son came late in the night. Thereafter, her son searched out the accused and took him to the police station on next day i.e. 18.06.2014 at 07.00 o' clock in the morning and lodged FIR. On lodging of FIR, a case under the provisions of Section 376 IPC read with Section 4 of POCSO Act was registered against the accused. On arrest of the accused, proper inspection was done, statement of the accused was also recorded under Section 161 of the Cr. P.C. The statements of the victim and the complainant, her mother, were recorded under Section 164 of the Cr. P.C. On proper investigation, finally the appellant was charged under Section 376, 511 and 342 IPC read with Section 8 of the POCSO Act and the case was committed to the Special Court for trial.

(3.) The learned Judge framed the charges for having committed the offence of rape under Section 376 (2) (i) of IPC read with an offence punishable under Section 450 IPC and also under the provisions of Section 3 (a) and Section 5 (m) punishable under Section 4 and 6 respectively of the POCSO Act. The appellant/accused pleaded "not guilty".