BUDHA SINGH TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order on Sentence of the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (hereinafter 'POCSO'), South Sikkim at Namchi dated 31.08.2015, in Sessions Trial (POCSO) Case No. 1 of 2015, this Appeal assails both.

(2.) A conspectus of the facts unfolded is that the Victim's mother on 05.12.2014, as per the narration of her Victim daughter reported at the Melli Police Station that the Appellant had on the same morning around 11:00 a.m. sexually assaulted her daughter when she was alone in her house. The Melli Police Station registered the case and took up investigation which revealed that the Appellant (aged about 28 years) was known to the Victim (aged about ten years). That, previously on 02.12.2014 when the Victim was alone in her house, the family having gone to attend to their chores, the Appellant came to the house of the Victim in the afternoon and finding her alone attempted to rape her. On the Victim protesting and biting his hand, he fled the place and the matter remained unreported on account of a threat held out to the Victim by the Accused. On 05.12.2014, the Appellant went to the house of the Victim and asked the Complainant for a hacksaw blade, who directed him to look for it inside her house. Once inside, finding the Victim alone, he grabbed her from behind and molested her. She somehow escaped and reported the matter to her mother, while the Appellant fled. The Victim was subjected to medical examination and on completion of investigation prima facie case was found against the Appellant under Sec. 376/354A/511 IPC read with Sec. 8 of the POCSO.

(3.) The Learned Trial Court framed charges against the Appellant, viz; for the incident of 02.12.2014 under Sec. 5(m) of the POCSO punishable under Sec. 6 of the Act, Sec. 376(2) [sic 376(2)(i)] and Sec. 354B of the IPC, 1860 (hereinafter IPC). For the Offence committed on 05.12.2014, charge was framed under Sec. 9(m) of the POCSO, punishable under Sec. 10 of the Act and Sec. 354 of the IPC. The Prosecution examined seven witnesses. Based on the evidence, the Learned Trial Court convicted the Appellant and pronounced the Order on Sentence under Sec. 9(m)/10 of the POCSO Act, 2012 read with Sec. 354 of the IPC, 1860 for commission of offence on 02.12.2014 and 05.12.2014.