WANLANG PHAWA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This Criminal appeal is directed against the Judgment and order of conviction dtd. 24/3/2022 and sentence dtd. 24/3/2022 passed by the learned Special Judge (POCSO)/Addl D.C(J), East Jaintia Hills District, Khliehriat in POCSO Case No. 2/2020 by which the accused/appellant was convicted under Sec. 7/8 of POCSO Act, 2012 and awarded a sentence of 5 (five) years of rigorous imprisonment and a fine of Rs.5,000.00 (five thousand rupees) only and in default to undergo one month's simple imprisonment.

(2.) The fact of the case as can be gathered from the materials on record is that a written FIR dtd. 23/9/2019 was lodged by the complainant (PW-1) before the Officer-in-Charge, Lumshnong P.S, East Jaintia Hills District, alleging that the appellant Shri. Wanlang Phawa has sextually assaulted his son (PW-2), aged about seven years, on 23/9/2019 at 11.00 A.M. The said FIR was received vide GDE No. 8 dtd. 23/9/2019 and a case was registered as Lumshnong P.S C/No. 46(9)2019 u/S 3(a) POCSO Act and the matter was investigated into. Upon completion of the investigation, a charge-sheet bearing No. 32/19 dtd. 16/11/2019 u/S 377 IPC R/W Sec. 3(a)/5(m)/6 of POCSO Act was filed against the appellant with a prayer for allowing submission of FSL report on a subsequent date. Thereafter the FSL report was submitted to the Trial Court vide a supplementary charge-sheet dtd. 11/11/2020.

(3.) On production of the appellant before the Trial Court, a Legal Aid Counsel was provided to him and after hearing both the sides, the charge under Sec. 5(m)/6 of POCSO Act read with Sec. 377 IPC was framed against the appellant on 15/1/2020. The appellant pleaded not guilty and claimed to be tried. In support of the charges, the prosecution examined 11 (eleven) PWs and exhibited 9 documents and also produced 29 material exhibits. After the closure of the prosecution evidence, the statement of the appellant u/S 313 Cr. P.C. was recorded on 18/2/2022. On the refusal of the appellant to adduce defence witness, the matter was finally heard on 10/3/2022 and thereafter vide impugned judgment and order dtd. 24/3/2022, the Trial Court convicted the appellant u/S 7/8 of POCSO Act and also passed the order of sentence on the same day awarding five years rigorous imprisonment and a fine of Rs.5,000.00 only and on default to undergo one month's simple imprisonment to the appellant.