K.M. Joseph JUDGMENT
Ashok Bhushan, J.
1. Leave granted.
2. This appeal has been filed by the Appellant against the judgment of Sikkim High Court dated 20.09.2016 dismissing Criminal Appeal No. 19 of 2015 filed by the Appellant questioning the order of conviction and sentence dated 31.01.2014 passed by the Special Judge (POCSO Act, 2012) convicting the Appellant Under Section 9/10 of the Protection of Children from Sexual offences Act, 2012 (POCSO Act, 2012), Section 341 of Indian Penal Code. The Appellant was to undergo simple imprisonment for a period of seven years and to pay fine of Rs. 50,000/- Under Section 9/10 of POCSO Act, 2012 and Under Section 341 of Indian Penal Code he was sentenced to undergo simple imprisonment for a period of one month.
3. The Appellant aggrieved by the judgment of the Special Judge filed an appeal which though has been dismissed by the High Court but while dismissing the appeal sentence Under Section 9/10 of POCSO Act, 2012 has been converted into sentence Under Section 5(m) of the POCSO Act read with Section 6 of the POCSO Act and sentence has been enhanced from seven years to ten years with fine of Rs. 5,000/-.
4. As per the prosecution case, on 20.02.2014 at 1700 hours, Mangal Das Rai, PW. 2 (father of Anjali Rai) resident of Lower Namphing, South Sikkim gave a written complaint to Temi Police Station that the Accused-Appellant, Kumar Ghimirey had attempted to sexually assault his seven year old daughter, Anjali Rai, PW. 1, at around 1330 hours in a jungle. The FIR No. 05(02) 14 Under Section 376/511 of Indian Penal Code was registered on the same day against the Accused-Appellant and the matter was taken up for investigation by the Officer-in-Charge of the PS i.e., Sub-Inspector (SI).
5. A chargesheet was submitted Under Section 376/511/341/342 of Indian Penal Code read with Section 4 of POCSO Act, 2012. Learned Special Judge framed charges Under Section 341 of Indian Penal Code and Under Section 5 of POCSO Act, 2012, punishment Under Section 6 of POCSO Act........