PADUM BARIK @ PAPU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Amicus Curiae Ms. Bijita Sarma, for the appellant and Mr. M.P. Goswami, learned Addl. P.P., Assam for the respondents.

(2.) This appeal is directed against the judgment and order dated 19.05.2017 passed by the learned Special Judge, Jorhat in Sessions Case No. 59/2016. By the said judgment, the learned Sessions Judge convicted the appellant under Section 4 of the POCSO Act R/W Section 376/323 IPC and sentenced him to rigorous imprisonment for seven years and fine of Rs. 10,000/- with default stipulation under Section 376 IPC R/W Section 4 of the POCSO Act. The appellant was further sentenced to simple imprisonment for one year and fine of Rs. 1000/- with default stipulation under Section 323 IPC.

(3.) As per prosecution case, the appellant sexually abused his own daughter, who was reading at Class-IX at the relevant time. After two months when again the appellant attempted to sexually abuse the victim, her mother raised objection and consequently she was mercilessly beaten by the appellant. The mother of the victim, Moni Barik lodged the FIR (Ext.2), on the basis of which, police registered Teok P.S. Case No. 376/2016 under Section 376/354/325 IPC R/W Section 4 of the POCSO Act and on completion of the investigation laid charge sheet against the present appellant under Section 4 of the POCSO Act.