P. K. XXXX Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The year was 2016. The appellant is a resident of a village in West Sikkim. He made sickle, etc., for a living. The appellants wife is dead. He lived in a small hut along with his four minor children. He borrowed money from the villagers to provide for himself and his children. He often came home drunk and physically abused his children. This is the setting for the commission of the heinous acts of sexual crimes perpetrated by the appellant upon his two minor school going daughters in the same hut which they considered ,,home. This act of absolute depravity stands proved by the appellants conviction and sentence by the learned Special Judge, (POCSO) South Sikkim at Namchi (for short ,,the learned Special Judge) vide judgment and order on sentence dated 31.08.2017 in Sessions Trial (POCSO) Case No. 07 of 2016. Resultantly, the appellant is lodged in the Central Prison while the two minor victims and one of their minor brother ,,M (name withheld) in "Mxxx" (hereinafter referred to as ,,the short stay home). Where lives now PW-14, the other minor brother, barely twelve years of age, cannot be gathered from the records of this case.

(2.) The formal accusation against the appellant, the biological father of the two minor victims, originated after the First Information Report (for short ,,FIR) (Exhibit-1) dated 11.02.2016 filed by PW-1, Secretary of the short stay home. In the FIR, it was stated that the appellant had surrendered three children before the Child Welfare Committee (for short ,,CWC) on 13.01.2016 as he could not afford the expenses of food, education, clothes and other logistic matters for the children due to his poor economic condition. It was stated that among the children surrendered were ? the younger victim (PW-11), a ten year old female child studying in class III, the elder victim (PW-6), a fourteen year old female child also studying in Class-III and Master ,,S (name withheld), an eight year old male child studying in Class-I. It was stated that the CWC had given shelter order for the children at the short stay home vide order dated 13.01.2016. The FIR alleged that during the counselling the minor victims revealed that both were "sexually assaulted" by their biological father, i.e., the appellant, a widower, several times since 15.08.2015.

(3.) PW-1 deposed that sometime during January 2016, the appellant surrendered three children before the CWC owing to his poor economic condition and his inability to take care of them. The CWC contacted him for lodging the children in the short stay home and accordingly, they were admitted there. On 09.02.2016, the In-Charge (PW-12) of the short stay home informed PW-1 that the two minor victims had revealed to her about repeated sexual assault on them by the appellant. Accordingly, on 10.02.2016, PW-1 went to the short stay home and verified from the minor victims about the matter. They told him that they used to be repeatedly subjected to sexual assault/abuse by the appellant while they were staying together. PW-1, thereafter, lodged the FIR.