AALO, Apr 03: Tage Halley, Special Judge, POCSO Court, Basar on Friday sentenced a 23-year-old man to 20 years rigorous imprisonment and payment of Rs 1500 fine for rape of a minor girl.
The person identified as Pakbin alias Mabin alias Kyabin Sikom alias Batak, vide BSR/POCSO Case No.13/21 was convicted under sections 376 (2)(j)(3) of IPC read with Sec. 5(m)(n)/6 of POCSO Act, 2012.
In default of payment of the fine the convict shall further be imprisoned for three months, the judgement stated.
The fine amount imposed against the accused shall be paid to the minor victim through her parent(s)/guardian immediately after receipt of the same from the accused convict, the judgement further said.
Further, as per submission made by the Ld. Special Public Prosecutor K. Angu, application submitted under Arunachal Pradesh Victim’s Compensation Scheme, 2011 through District Legal Services Authority, Daporijo, Upper Subansiri District, had been forwarded to the concerned authority that is Arunachal Pradesh State Legal Services Authority, Itanagar for sanction and payment of compensation to the victim of sexual assault in this case and for her rehabilitation.
As per the details of the case on September 8, 2021 at 11.25 pm the mother of the victim had lodged a written FIR to the effect that in the evening of the same day at around 5 pm her 8-9 year old daughter (victim’s identity has not been disclosed as per Sec. 23(2) of POCSO Act, 2012) was forcefully raped by the accused at his residence at Sikarijo, Daporijo.
On receipt of the FIR, the OC, PS, Daporijo registered a case vide Daporijo PS Case No.50/21 U/S 376(2)(j) IPC R/w Sec. 6 of POCSO Act, 2012 and investigation was launched.
During investigation, it was found that the accused and minor victim were not only neighbours of the same locality but also relatives, the victim being the daughter of the brother in law of the accused.
As per investigation, on the day of the incident, the girl was called over the telephone by the accused to come to his residence at Sikarijo, Daporijo. On the arrival of the victim along with her elder sister, the accused asked her to stay at his residence and offered her roasted meat. Being a relative, the victim agreed to stay there in the accused’s residence. However, after her elder sister left, the accused closed the door of his house and forcefully covered the mouth of the victim and proceeded to rape her.
Fortunately, the elder sister of the minor had returned to the accused’s house and rescued her with the help of two more sisters.
After completion of investigation, the investigating officer filed his chargesheet No.114/2021 dated 02.10.2021 against the accused U/Ss-376(2)(j)/506 IPC R/w Sec. 6 of POCSO Act, 2012 which was directly forwarded to the Special Court (POSCO), Basar by the in-charge Superintendent of Police, Basar vide letter DRJ/CR-52/2021/548 dated 06.10.2021 for taking cognizance and trial.
On the consideration of the charge sheet filed, a prima facie case was found U/Ss-376(2)(j)(3) of IPC R/w Sec. 5(m)(n)/6 of POCSO Act, 2012. Accordingly, formal charges were framed against the accused vide order dated 30.03.2022 and the substance of the charge was read over and explained to accused in the language he could understand to which he pleaded guilty.
The accused confessed that the victim was known to him as she was the daughter of his brother in law who used to visit his residence occasionally.
“On the day of incident, that is September 8, 2021 in the evening hours, I was having a beer and the victim, her elder sister and few children of one Muslim man called Ali were also in my residence at Sikarijo. While having beer, I fell asleep and on my waking up, I found the victim alone in my residence and then I raped her. However, neither had I threatened her nor have I raped her on earlier occasions. Immediately after I committed penetrative sexual assault against the victim, she left my residence for her parental residence just below my residence,” he confessed.
“Actually, I was drunk in the evening of the incident due to which I could not feel guilty of my actions. However, the next morning after the effect of intoxication had decreased, I could feel guilty deep inside my conscience for raping a minor girl which is continuing till date. Hence I plead guilty voluntarily before this court today,” he further said.
