NITI RAJ SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal challenges the Judgment dated 18.06.2015 and the Order on Sentence, dated 19.06.2015, passed by the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (hereinafter POCSO) at Gangtok, in Sessions Trial Case No. 21 of 2014, convicting the Appellant under Sec. 8 of the POCSO and sentencing him to undergo simple imprisonment for three years and to pay a fine of Rs. 5000/ - (Rupees Five thousand) only, with a default clause of imprisonment.

(2.) The facts in a nutshell are that on 09.05.2014, the minor Victim (aged about 10 years at the relevant time), had gone for a walk with her younger brothers at around 6 a.m. to a nearby temple. The Appellant (aged about 65 years), who had recently shifted to the locality, lured the boys by giving them Rupees ten each, after which they ran home from the temple leaving the Victim, P.W. -1, behind. The Appellant, thereafter, forced the Victim to insert her hand into his trousers and fondle his genital. He gave her Rs. 50/ - (Rupees fifty) only, after the act, warning her not to disclose the matter to anyone. Later, at her home she narrated the incident to her mother, P.W. -3, who brought it to the knowledge of her husband, the Victim's father, P.W. -2, resulting in the lodging of the Complaint, Exhibit -3 before the Sadar Police Station at Gangtok. Based on the FIR, investigation was launched and on completion thereof charge -sheet was submitted against the Appellant under Sec. 376/511 of the Indian Penal Code, 1860, read with Sec. 8 of the POCSO and Sec. 14 of the Foreigner's Act, 1946.

(3.) The Learned Trial Court after hearing the parties framed charge against the Appellant under Sec. 7 of the POCSO punishable under Sec. 8 of the same Act. The Prosecution examined 15 witnesses and based on the evidence of the Prosecution witnesses, the impugned Judgment and Order on Sentence was pronounced.