(1.) The present appeal has been preferred against the judgment dated 26.05.2017 passed by the learned Sessions Judge, Nalbari in Special Case No.3/2015 by which the appellant has been convicted under Section 4 of the POCSO Act, 2012.
(2.) The prosecution case was that an Ejahar was lodged by one Shri Diganta Kalita on 28.11.2014 alleging that on 28.11.2014 at about 1.45 pm while his niece (hereinafter referred to as the Victim/Girl Child), about 10 years was returning home from her school, on the way at the bridge of Tarajan, the appellant accosted her by threatening with a sharp knife and raped her. The victim on reaching her house narrated the incident to her grandmother and to her stepmother. Thereafter, the relatives and neighbours came to know about the incident who informed the father of the accused but as there was no response, a village "Raijmel" (meeting) was held that day but neither the appellant nor his guardian turned up. Thereafter, on the next day an Ejahar was lodged. Based on the said Ejahar, Tihu PS Case No.104/2014 under Section 341/376(i) of IPC read with Section 4 of the POCSO Act was registered. On completion of investigation, charge-sheet was submitted against the appellant under Section 341/376(1) of IPC read with Section 4 of the POCSO Act.
(3.) The appellant pleaded not guilty and accordingly, he was tried for the aforesaid offences.
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