Imphal, May 13 2022: Special Judge, Fast Track Special Court number II has sentenced 38 years old Shamurailatpam Tomba Sharma to 10 years rigorous imprisonment along with a fine Rs 3000 under section 6 of POCSO Act for sexual assault on a minor in January 2019.Tomba, son of Ibotombi of Yairipok Top Maibam Leikai was convicted by the same court on May 11 and produced for the sentence hearing from Manipur central Jail Sajiwa on Friday.
Defense counsel prayed for minimum punishment on the ground that the convict has no previous antecedent and no previous involvement in any criminal cases.
He hails from poor strata of society and is the sole bread earner of his family, which include his aged parents, two wives and two minor sons without any regular income, the counsel said.
On the other hand, special public prosecutor Ashok submitted that as crime against women and children are on the rise sending a strong message is necessary.
The present case deserves to be dealt with strictly to prove a deterrent punish-ment to the convict as the offence committed is grave in nature as per the law of POCSO Act.
The special PP further submitted that no adequate and sufficient ground exists in the case which may warrant exercise of discretion of the court in favour of the convict.
The court, after hearing both parties and considering all the facts and circumstances and the aggravating and mitigating circumstances of the case, observed that convict is young and his age was 35 years at the time of committing the offence as per the charge sheet of the IO.
Hence, the court sentenced Tomba Sharma to undergo 10 years of rigorous imprisonment with fine of Rs 3000 .
In case of default in payment of the fine, the convict shall undergo another 3 months of simple imprisonment, the court order stated.
The period of detention of the convict during the investigation and trial will be commuted from the total sentence period.
The court also ordered to provide the victim Rs 2 Lakh as compensation by the state under victim compensation scheme for the victim’s further education, healthcare and welfare.
Mention may be made that on January 16, 2019, mother of the victim lodged a complaint at Women’ Police Station stating that her minor daughter was sexually assaulted by the convict on January 11 around 3.30 pm.
The convict was on the run after the incident and surrendered himself before the police on January 29, 2019 .