The Fast Track Special Court No 2, Manipur, Ch Brajachand Singh, on Tuesday convicted a 51-year-old man under section 6 of POCSO Act in a 2018 case of sexual assault on a minor.
The court convicted Leishangthem Khomei Singh, 48 (age when the incident happened), of Haraorou, Imphal East, for offence punishable under section 6 of POCSO Act.
On December 30, 2018 the minor victim's mother lodged a complaint before the Women PS, Imphal East that her daughter of 14 years was sexually assaulted by her uncle on December 19, 2018 inside the store room of her house.
It was also alleged that the accused threatened to kill the minor if she disclosed the incident to her family members. The case was registered under section 354 (B) / 506 / 212/ 34 IPC and 6 POCSO Act.
While investigation was underway, the accused was at large on bail by Judge (POCSO), Imphal East on January 2, 2019.
The court, during the announcement of conviction, noted that the occurrence on December 1, 2018 and medical examination of the victim conducted on December 12, 2018 had a 12 days gap.
The court viewed that delay of a few days in registration of FIR is not fatal to the prosecution case as it has been duly explained by the prosecutor.
The accused failed to rebut the presumption enshrined under section 29 and 30 of POCSO Act, 2012. And, the prosecution has established the aggravated penetrative sexual assault on the victim.
On analysis of the entire oral and documentary evidence and the evidence of the defence, the court found that the accused had not rebutted the presumption under POCSO Act.
The court, therefore, concluded that the prosecution has successfully proved beyond reasonable doubt the charge under section 6 of POCSO Act against the accused, and the accused was convicted under section 6 of POCSO Act.
