PADAM KUMAR CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short "Cr. P.C.") is against the Judgment dated 04.08.2016 and Sentence dated 11.08.2016 passed by the Court of the Learned Special Judge, POCSO, East Sikkim at Gangtok in S.T. (POCSO) Case No.01 of 2016 (State of Sikkim vs. Padam Kumar Chettri), whereby the said Court convicted the accused Padam Kumar Chettri (hereinafter the appellant) under Section 6 of the Protection of Children from Sexual Offences Act, 2012 ( for short "POCSO Act, 2012") and Section 376 (2) of Indian Penal Code, 1860 (for short "IPC"). The appellant has been sentenced to rigorous imprisonment for a period of 10 (ten) years and has been imposed a fine of Rs.5,000/- (Rupees Five Thousand) under Section 6 of POCSO Act, 2012. In default of the payment of fine, he is directed to undergo further simple imprisonment for six months under Section 6 of the POCSO Act, 2012. It is also directed that the period of imprisonment already undergone by the appellant be set off against his sentence.

(2.) On 16.10.2015 mother of the victim (PW 2) lodged First Information Report at Singtam Police Station stating therein that after coming from the School her youngest daughter told her that eldest daughter had rashes around her vagina. She immediately called her and removed her underwear, where she found that her daughter had rashes all over her vagina. When she enquired about the matter her daughter told her that Padam Dada (appellant) had sexually assaulted her. That day her son and daughter (victim) had gone to stay with the appellant for a night as his wife had gone to her parent's house. The victim also informed her that appellant told them to sleep with him in the same bed. Later at night when they were asleep, he removed his pant and tried to insert his penis inside her daughter's vagina and it was very painful. PW 2 stated that her kids used to go to her nephew's house to watch TV and due to this reason she had sent her kids to his home as his wife had gone to her parents' house. Next day the victim girl was fine and went to the school but on the third day, she had fever. Complainant gave her medicine and sent her to school. She came to know later i.e. on the day of FIR about this fact. She requested for taking strict legal action against the appellant.

(3.) The matter was handed over to SI Tshering Doma Bhutia (P.W.14), the Investigating Officer. He got the medical examination of the victim conducted by Dr. Jai Bahadur Gurung (PW 6) same day i.e. on 16.10.2015. Medical report submitted by him is as follows: