BAL BAHADUR CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The instant Appeal is directed against the conviction under the provisions of Sections 5 (j) (ii) and 5 (n) of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act, 2012') and also under Sec. 506 of the Indian Penal Code (for short 'IPC') and sentenced thereafter vide, Judgment dated 29.04.2015. On having been convicted under the afore stated provisions, the appellant was sentenced to Rigorous Imprisonment of 10 years and pay a fine of Rs.20,000.00 under Sections 5 (j) (ii) and 5 (n) of the POCSO Act, 2012 and further simple imprisonment of 3 years under Sec. 506 IPC. In default of payment, the appellant was further directed to undergo simple imprisonment of one year.

(2.) It was alleged that the accused/ appellant indulged into unlawful and un-consensual sexual intercourse with a minor, namely Ms. S, aged about 15 years, in the month of Feb., 2014. The said sexual intercourse resulted into begetting a female child on 12.11.2014. The accused/ appellant was tried and convicted under the afore stated provisions of law. Prior to it, the blood samples of the newly born baby of the victim, victim and the accused/appellant was collected with the permission of the Judicial Magistrate and the same was sent to State Forensic Science Laboratory, Tripura for DNA analysis on 21.01.2015. Without awaiting for the report, the learned trial Judge proceeded with the trial and on the basis of several circumstantial evidence, came to the conclusion that the victim, namely Ms. S, was sexually assaulted by the accused/appellant, which resulted into birth of a child. Accordingly, the accused/appellant was convicted under the provisions of Sections 5 (j) (ii) and 5 (n) of the POCSO Act, 2012 and Sec. 506 of the IPC, and sentenced thereon, as afore stated.

(3.) During the pendency of this appeal, the prosecution has filed an application being IA No. 01/2016 submitting the DNA report in a sealed cover. A copy of the report was handed over to the accused/appellant. On perusal of the said report, the accused/appellant has made the instant application, IA No. 03/2016, seeking for retrial in the light of DNA report.