TARAMAN KAMI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Crl.A. No.32 of 2016 (Taraman Kami vs. State of Sikkim) and Crl.A.13 of 2017 (State of Sikkim vs. Taraman Kami) are being disposed of by this common Judgment, being related matters.

(2.) In Crl.A. No.32 of 2016, the Learned Court of the Special Judge (POCSO), West Sikkim, at Gyalshing, in Sessions Trial (POCSO) Case No.05 of 2016, convicted the Appellant for incestuous sexual assault under Sections 5(l) and 5(n) of the Protection of Children from Sexual Offences Act, 2012 (for brevity "POCSO Act"), and under Section 506 of the Indian Penal Code (for short the "IPC"), vide the impugned Judgment dated 27-09-2016. He was sentenced to rigorous imprisonment of 10 (ten) years and fined Rs.5,000/- (Rupees five thousand) only, under Sections 5(l) and 5(n) of the POCSO Act, with a default stipulation, and simple imprisonment of one year under Section 506 of the IPC. The sentences were ordered to run concurrently, duly setting off the detention already undergone by the Appellant. The Judgment and Order on Sentence are being assailed in this Appeal.

(3.) In Crl.A. No.13 of 2017, the State-Appellant assailed the Order on Sentence detailed hereinabove, and prayed for imposition of the maximum sentence provided by law, inter alia, on grounds that the Learned Trial Court failed to consider the incestuous nature and gravity of the offence, the perpetrator being the father of the victim. This was vehemently resisted by Counsel for the Respondent on the premise that no such offence against the victim had been made out beyond a reasonable doubt by the Prosecution.