By A Staff Reporter
IMPHAL | Aug 10
The Special Court POCSO, Imphal West, Maibam Manojkumar, today sentenced 42 years old Chanambam Brojen, rape convict to five years’ rigorous imprisonment.
The court also recommended for providing compensation of Rs. 50 thousands from “financial assistance and support scheme to the victim of rape, A scheme for retrospective Justice” launched by the ministry of women and child development government of India to the dependent of deceased victim.
Chanambam Brojen 42, son of Ch. Bihari of Ngairangam Makha Leikai was convicted by the court on August 4 under Section 8 of POCSO Act 2012 for sexual assault on minor a girl and the sentenced hearing was fixed today.
During the hearing today, A. Nilachandra additional public prosecutor (APP) submitted before the court that the accused was convicted under Section 8 of POCSO Act 2012 for committing sexual assault upon the victim girl and the victim expired during the course of trial.
As a result, the crime committed by the convicted accused is a serious offence and prayed to sentence the convict to the maximum sentence of five years imprisonment with fine for committing the offence, said the APP.
Advocate Kanta, defense counsel of convict, on the other hand contended that the convicted accused is a person having a wife and two minor children and that there is no bad moral character of the convict in the past.
He pleaded the court to sentence the Borjen to the period he had undergone in Sajiwa jail. Brojen has been lodged in the Judicial custody for about three years and three months.
After hearing the submissions of both the counsels, the court sentenced Borej to rigorous imprisonment for a period of five years and fine of 10 thousand rupees under the section 8 of Protection of Children from Sexual Offence (POCSO) Act 2012 and in default of payment of fine the convict has to undergo 3 months simple imprisonment.
As per the court order the fine has to be deposited to the court and the said amount of Rs. 10,000 be given to the father of the victim as compensation since the victim has already expired.
The period which has already undergone by the convict in the judicial custody, during the period of investigation as well as during the trial, if any, will be set off from the sentence awarded, it said.
The court recommended for providing victim compensation scheme under Section 357 A of Cr PC to the victim and forwarded an order copy to the member secretary of Manipur State Legal Service Authority for doing the needful.
A written complaint against the convict was filed by the father of the victim on April 5, 2012.
In his complaint the victim’s father said that on April 4, 2012 at around 2.30 pm his daughter went Brojen’s house to take money from him. While eating pan with the convict’s wife at their home, Brojen assaultd the girl.
After a regular FIR was lodged the investigation of the case was carried out by G. Ketty Sharma women sub-inspector of Patsoi police station and arrested Brojen.
After the completion of the investigation the IO submitted charge sheet against the accused Brojen under Section 4 and 8 of POCSO Act before the then Special Judge POCSO Manipur East and the charge was framed against the accused on January 23, 2013 under Section 4 and 8 of POCSO Act by Special Judge POCSO Manipur east.
The case was then transferred during the stage of examination of prosecution witnesses from Special Judge POCSO Manipur east after bifurcation of district and session Judge Manipur east as district and session Judge Imphal west and Imphal east.
All together 13 prosecution witnesses were recorded and cross-examined during the four year long trial of the case.
Read more / Original news source: http://www.ifp.co.in/item/2742-5-year-jail-term-for-rapist