SANJAY RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. William Tamang, learned Legal Aid Counsel for the petitioner and Ms. Pollin Rai, learned Assistant Public Prosecutor, Sikkim for the respondent.

(2.) This appeal is directed against the judgment and order dated 28.02.2017 passed by the Court of learned District Judge, Protection of Children from Sexual Offences, 2012, East Sikkim at Gangtok in Sessions Trial (POCSO) No.14/2015 convicting the accused/appellant under Section 366 IPC and Section 4 of Protection of Children from Sexual Offences, 2012, for short, POCSO Act, and sentencing him to simple imprisonment of seven years and to pay a fine of Rs.,1000/- only, for commission of the offence under Section 4 of the POCSO Act, in default of payment of fine, to undergo further imprisonment for a period of one month and simple imprisonment of five years and to pay a fine of Rs.1,000/- only, in default of payment of fine, to undergo further imprisonment of one month, for the commission of offence under Section 366 IPC. It was directed that both the sentences will run concurrently.

(3.) The father of the victim lodged a Missing Entry Report before the Singtam Police Station on 14.03.2015 and based on the same, FIR (Exhibit-2) No.93/SPS under Section 363 IPC was registered. It is stated in the FIR that his daughter, hereinafter referred as "X or victim", aged about 14 years, had been missing since 11.03.2015 and that after searching her in many places, in the morning of 14.03.2015 at 08.10 am, they came to learn that the appellant had taken her to his aunts house at "Y" (place name withheld).