GAHC040010772021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH)

Case No. : Crl.A. 12/2021

1:Dosen Kamki Son of Shri Kendo Kamki, Presently lodged at Juvenile Home, Pasighat, East Siang District, Arunachal Pradesh and Permanent Resident of Peri Village, P.O/P.S Kamba, West Siang District, Arunachal Pradesh VERSUS

1:THE STATE OF AP Represented through the Public Prosecutor Advocate for the Petitioner : Khoda Tama Advocate for the Respondent : P P of AP BEFORE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY For the Appellant : Mr. K. Tama.

Advocate.

For the Respondents : Mr. U. Bori.

Addl. P.P.

State of Arunachal Pradesh.

Date of Hearing : 27.05.2022, 31.05.2022 Date of Judgment : 20.09.2022 JUDGMENT & ORDER (CAV)

Heard Mr. K. Tama, learned counsel for the appellant. Also head Mr. U. Bori, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. This is an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Section 374 of the Criminal Procedure Code, 1973 assailing the Judgment dated 31.08.2021 and Sentence dated 09.09.2021 passed by the learned Special Judge POCSO cum Children Court, Aalo in Special POCSO Case No. 01/2020, whereby the appellant was convicted under Section 6/8 of POCSO Act, 2012 read with Section 376(2) (a) (i) of IPC and was (I) sentenced to undergo ten (10) years of rigorous imprisonment and fine of Rs. 1000/- (Rupees one thousand) only for the offence punishable under Section 6 of POCSO Act read with Section 376 (2) (a) (i) of IPC and (II) sentenced to undergo imprisonment for three (3) years rigorous imprisonment and fine of Rs. 1000/- (Rupees one thousand) only for the offence punishable under Section 8 of POCSO Act and failing to pay the fines in both, simple imprisonment for three (3) years each.

3. The prosecution was set into motion on the basis of an FIR dated 21.04.2019 lodged before the Officer-In-Charge, Police Station Kamba, West Siang District, Arunachal Pradesh by one Shri Mito Minung @ Ninu, alleging that the present appellant had committed rape upon his minor nephew Miss “M” (real name withheld) at different occasions at victim’s house and at the house of the appellant. On the basis of such information, a case was registered being Kamba PS Case No. 06/2019, under Section 6 of POCSO Act, 2012 read with Section 354/376 (2) (i) (I) of IPC.

4. After the completion of investigation, the Investigation Officer laid the charge-sheet on

10.06.2019 before the Juvenile Justice Board, Aalo, under Section 354/376 (2) (i) of the IPC read with Section 6 of POCSO Act, 2012 against the appellant as during the investigation it was found that the present appellant was a Juvenile in Conflict with Law.

5. Therefore, the Juvenile Justice Board, Aalo under its order dated 20.07.2019 held that the appellant was able to understand the consequence of his act and therefore the case record was transmitted to the learned District and Session Judge, Aalo treating the appellant as an adult.

6. The learned District and Session Judge, Aalo being not designated as Special Court (POCSO)/

Children Court, the appellant was forwarded to the Children Court cum Special Court (POCSO)

cum Additional District and Session Judge, Basar for the trial of the case. In the meantime, the District and Session Judge, Aalo was designated as Children Court/Special Court (POCSO). Accordingly under order dated 12.12.2019, the learned Special Judge (POCSO) cum Children Court cum Additional District and Session Judge, Basar has retransmitted the case record to the learned District and Session Judge, Aalo cum Special Court (POCSO) cum Children Court, Aalo.

7. Thereafter, the learned trial court below had taken cognizance of the alleged offence and thereafter, charges were framed against the appellant and decide to try the appellant as an adult under its order dated 18.02.2020.

8. During the course of trial, the prosecution has examined eight witnesses and