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HIGH COURT OF MEGHALAYA
Mr. Justice S. Vaidyanathan, CJ, Mr. Justice W. Diengdoh, J
RINKU KUMAR TYAGI – Appellant
Versus
STATE OF MEGHALAYA – Respondent
| Table of Content |
|---|
| 1. complaint filed regarding missing girl (Para 2) |
| 2. defense claims victim's age over 17 (Para 3 , 4) |
| 3. court emphasizes medical evidence (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. sentence modified to 10 years (Para 18 , 19 , 20 , 21) |
JUDGMENT
(Made by the Hon’ble Chief Justice)
This Criminal Appeal is directed against the judgment and order dated 16.12.2021 and order of sentence dated 20.12.2021, passed by the Special Judge (POCSO), District and Sessions Court, Shillong in Special (POCSO) Case No.3/2016 and the accused / Appellant herein was convicted by the Trial Court for the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short „POCSO Act, 2012‟) and sentenced to undergo Life Imprisonment and to pay a fine of Rs.10,000/- and sentenced to undergo imprisonment for ten years under Section 366A of IPC and to pay a fine of Rs.10,000/-, in default to undergo Imprisonment for one month for each default. The Sentences were ordered to run concurrently and the total fine amount awarded as compensation was directed to be paid to the victim girl.
Brief Prosecution Case:
2. A complaint was given by the father (P.W.
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