GAJENDRA BORHAGOHAIN MORIGAON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AK Gupta, learned Amicus Curiae appearing for the appellant and Mr. MP Goswami, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 18.05.2018 passed by the learned Sessions Judge, Morigaon in Sessions (Spl) Case No.27/2016,whereby the appellant was convicted under sections 366-A/376(2) IPC read with section 4 of the POCSO Act and sentenced him to imprisonment for 7 years and fine of Rs.10,000/- with default stipulation under section 366-A and RI for 7 years and fine of Rs.10,000/- with default stipulation under section 376(2) IPC. The appellant was further sentenced to imprisonment for 7 years with fine of Rs.10,000/- under section 4 of the POCSO Act

(3.) As per the prosecution case, on 13.05.2016 at about 9.00 am in the morning, while the daughter of the informant, Pw-1, was going to tutorial class, the accused/appellant kidnapped her form the road and thereafter informed the paternal aunt of the alleged victim by sending an SMS from the mobile phone of the victim, that she was with the appellant. The father of the victim lodged an FIR. On the basis of the said FIR, police registered a case, recorded the statement of the victim and other witnesses and got the victim examined by the doctor and on conclusion of the investigation, laid charge-sheet against the appellant under section 366-A IPC. The offence being triable by the Court of Sessions, learned Magistrate committed the case to the Court of Sessions and the learned Sessions Judge framed charges under sections 364/366-A/376 IPC read with section 4 of the POCSO Act, to which the appellant pleaded not guilty.