NAR BAHADUR SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal seeks to assail the Judgment and Order on Sentence of the Learned Special Judge (POCSO), West Sikkim at Gyalshing, in Sessions Trial (POCSO) Case No.09 of 2014, both dated 25-05-2015, in which the Appellant was sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.5,000.00 (Rupees five thousand) only, under Sec. 5(l) and Sec. 5(m) of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") with a default clause of imprisonment.

(2.) The facts leading to the instant matter are that, P.W.1 the Panchayat President of Rumbuk GPU on 11-06-2014, at 1800 hours, lodged an FIR, Exhibit-1, before the Sombaria Police Station, informing therein that the victim P.W.2, aged about eleven years was repeatedly sexually assaulted by the Appellant who belonged to the victim's locality. P.W.1 had been informed of this by P.W.5 Pranita Rai teacher of the school which P.W.2 attended. Pursuant to the FIR, Sombaria P.S. Case was registered on the same date, under Sec. 376 of the Indian Penal Code (for short "IPC") read with Sec. 4 of the POCSO Act against the Appellant and investigation taken up.

(3.) Investigation revealed that the victim a resident of Rumbuk, Sombaria, West Sikkim, was a student in a Government School. The Appellant aged about 72 years was known to her as he used to frequent her house to buy local alcoholic brew. Three/four months prior to the lodging of Exhibit-1, the victim was first raped by the Appellant after she returned from school. On the relevant day, the Appellant came to her house and took her to his house where he committed the act, after which he gave her Rs.10.00 (Rupees ten) only. The second incident occurred in her own house when her mother was attending to some chores outside the house while the victim was in the kitchen, where the Appellant entered and again sexually assaulted her, threatening to beat her if she told anyone about the incident. The third incident was on 01-06-2014 while she was on the road above her house where the Appellant met her and once again took her to his house. He then raped her and after the act, he again gave her Rs.10.00 (Rupees ten) only. Although she noticed some stains on her undergarment and trousers she washed the clothes and did not disclose to anyone about the incident due to the threat of physical assault held out to her by the Appellant. In June, 2014, teachers of the victim's school counselled the students to report any kind of sexual or physical abuse. The victim emboldened thus shared her agony with P.Ws 3, 4, 10, 13 and 14 all being her school mates. This information was related by the said P.Ws to P.Ws 5 and 6, teachers in the school. The Principal was thereafter informed of it, who for his part discussed it with the Complainant, P.W.1, she being the Panchayat of the area and the President of the School Management Committee, following which Exhibit-1 was lodged by her. The Medical Report of the victim indicated an abrasion about 0.5 cm and 0.1 cm over the left side of labia minora with redness and tenderness. Charge-sheet was submitted against the Appellant on completion of investigation, under Sections 376/506 of the Penal Code read with Sec. 4 of the POCSO Act against the Appellant.