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MOHAMMAD YAQOOB MIR, H.S.THANGKHIEW
Small Phawa – Appellant
Versus
State of Meghalaya – Respondent
MOHAMMAD YAQOOB MIR, J.
1. Appellant, vide judgment impugned dated 27.09.2016 has been convicted for having committed an offence punishable under Section 376 IPC. After hearing the prosecution and accused regarding quantum of sentence on the same date i.e. 27.09.2016 has been sentenced to 10 years rigorous imprisonment with fine of Rs.5000/- in default of payment of fine to undergo one year simple imprisonment. Furthermore, the District Legal Service Authority of West Jaintia Hills District has been directed to pay compensation of Rs.1 lakh to the victim under the Meghalaya Victim Compensation Scheme, 2014. Aggrieved whereof, instant appeal registered as Criminal Appeal No.5 of 2016 has been filed.
2. Heard Mr. SP Mahanta, learned senior counsel assisted by Ms. A Thungwa, learned counsel for the appellant and Mr. S Sen Gupta, learned Addl.PP.
3. The mother of the victim on 02.12.2011 lodged a written report in Jowai P.S., Jowai against the accused (appellant) alleging therein that on 30.11.2011 at 6:30 PM, her daughter 14 years of age studying in Class-III accompanied her brother who had to go to the toilet located outside the residential house. Grandparents of the victim we
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