Man sentenced to 5 yrs for sexual assault
Source: The Sangai Express

Imphal, May 09 2017: Special Judge, POCSO Imphal East Golmei Gaiphulshilu has convicted a man of house trespassing and aggravated sexual assault committed on a minor girl and sentenced him to five years simple imprisonment.

The quantum of punishment was pronounced in an open Court yesterday.

The convicted man has been identified as Shandam Ibungcha (33) s/o (L) Subol of Uyumpok Mamang Leikai.

He was convicted under Section 448 of Indian Penal Code and Section 10 of POCSO Act, 2012 .

Assistant Public Prosecutor, M Bishambhar prayed before the Court to punish the man to the maximum degree as the latter knew that the offence committed by him is against the law.

Defense counsel on the other hand argued that the accused is a first time offender and prayed for awarding a minimum punishment.

After hearing all the submissions and taking into consideration that the convicted man has no criminal antecedents and is the sole bread earner of his family, the Court sentenced the man to five years simple imprisonment.

Further, he is to undergo a simple imprisonment of one year for the offence punishable under Section 448 of IPC and both the sentences are to run concurrently.

The period which the convicted man served in judicial custody ie 2 years, four months and 21 days is set aside from the sentence and he is to undergo his simple imprisonment for the remainder of his sentence ie 2 years, seven months and 14 days from yesterday, the Court ruled.

The trial of the case was put up before the Special Judge under case number 1 of 2015 with reference to FIR number 9 (8) 2014 Women police station Imphal East under Section 447 of IPC and Section 4 of POCSO Act, 2012 .

Charge sheet in the sexual assault case was filed on January 6, 2015 and charge sheet against the accused was framed on February 20.Recording of prosecution witnesses started on March 13 .

During the trial of the case, the Special judge recorded statement of 12 prosecution witnesses and three defense witnesses.

It may be mentioned that the victim's father filed a complaint in Sagolmang police station on August 12, 2014 alleging that Shandam Ibungcha taking advantage of his absence sexually assaulted his daughter after entering his house.

Ibungca was arrested by police on August 13 .

According to the statement given by the victim before the Chief Judicial Magistrate Imphal West, the man raped her multiple times and threatened to kill her if she discloses the incident to anybody.

ASI Yumlembam Pratima of Women police station Imphal East was the Investigation Officer of the case.

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