CHURAMANI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The instant appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") is directed against the conviction of the appellant under Section 376 (2) (i) of the Indian Penal Code, 1860 (for short, "IPC"), Section 3 (a) punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act") and also under Section 5 (m) punishable under Section 6 of the POCSO Act, vide Judgment dated 18.12.2014 in S.T. (POCSO) Case No. 5 of 2014 and consequently, sentenced vide Order dated 18.12.2014 whereunder the appellant was sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.5,000/- (Rupees Five thousand) only under Section 376 (2) (i) of the IPC. In default of payment of fine, it was further directed to undergo 2 (two) month's rigorous imprisonment. He was further sentenced to undergo 7 (seven) years rigorous imprisonment and to pay a fine of Rs.5,000/-(Rupees Five thousand) only under provisions of Section 3 (a) punishable under section 4 of the POCSO Act. In default of payment of fine, the appellant was further required to undergo 2 (two) month's rigorous imprisonment. Under provisions of Section 5 (m) punishable under Section 6 of the POCSO Act, the appellant was further sentenced to undergo 10 (ten) years rigorous imprisonment and to pay a fine of Rs.5,000/- (Rupees Five thousand) only. In default of payment of fine, the appellant was further required to undergo 2 (two) month's rigorous imprisonment. All the sentences of imprisonment were directed to run concurrently.

(2.) The case of the prosecution, as narrated by a child victim of 8 years old, namely, Ms. A. is that on 25.07.2013, at about 4 p.m., when she had gone to a shop from her school to purchase a colour pencil, on the way, she was accosted by the appellant. He gave her one sweet and dragged her to the field where he was collecting vegetables. It was further stated by her that he began fondling her chest and also took out his genital organ and rubbed against her genital. Thereafter, he gave her Rs.10/- with an instruction not to narrate the incident to anyone. On reaching home, she narrated the first part, i.e. fondling her chest, to her mother. According to her, she did not state the remaining part as she was scared. However, on repeated query from her mother, she narrated about other part of rubbing his genital against her genital part, next day.

(3.) On the basis of the narration, her mother, namely, Sarita Sivakoti, filed First Information Report (for short, "FIR") on 27.07.2013 With the Singtam Police Station, East District under P.S. Case No.46/2013 at about 1500 hrs. The investigation was conducted and the appellant was charge-sheeted for having committed an offence under Section 376 (2) (i) of the IPC and Section 3 (a) and 5 (m) of the POCSO Act.