Advocate clarifies on conviction

SHILLONG: Advocate S.D. Upadhaya, State Defence Counsel for POCSO case has clarified that rape accused Kitboklang Kharsyntiew was convicted under section 7 of the POCSO Act punishable under Section 8 of the Act where the maximum punishment is imprisonment up to 5 years with fine. The advocate further said that the accused was charge sheeted   u/s 354/376(2)(f)/511 IPC R/W Sec. 5(m)(n)/6 POCSO Act 2012 and tried accordingly, but upon conclusion of the trial of Special POCSO case no.5 of 2013, the accused was not  found guilty on any of these sections. Earlier, police had said in a statement that Kharsyntiew had molested a minor girl and also attempted to rape her at Mawlai Umjaiur.  Accordingly, the accused was arrested and after thorough investigation, the case was charge sheeted and submitted before the Court of Special Judge (POCSO), Shillong who after trial vide his judgment and order dated Feb 11, 2016, convicted the accused.