SOHIDUL ALI GOALPARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S Islam, 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 25.04.2018 passed by the learned Special Judge, Goalpara in Sessions Case No.162/2015 and Special Case No.13/2015. By the said judgment, learned Special Judge convicted the appellant under section 366-A IPC and section 8 of the POCSO Act and sentenced him to imprisonment for 10 (ten) years and fine of Rs.5,000/- with default stipulation under section 366-A IPC. The appellant was further sentenced to imprisonment for 5 (five) years and to pay a fine of Rs.5,000/- with default stipulation under section 8 of the POCSO Act.

(3.) As per the prosecution case, on 20.05.2015 at about 2.30 PM when the daughter of the informant was coming from School by riding bicycle the appellant forcibly put the victim into a vehicle bearing registration No.AS-01L 5136 and left the place. It was also alleged that on the way the victim was subjected to sexual harassment and physical assault by the accused/appellant. Immediately the police of Krishnai PS got the information and caught the appellant along with the victim. An FIR was lodged by the father of the victim on the basis of which, Krishnai Police Station Case No.115/2015 was registered under section 370(4) IPC read with section 8 of the POCSO Act. Another FIR was lodged for the same offence by the driver of the vehicle in which the victim was taken away, on the basis of which Krishnai PS Case No.116/2015 was registered under section 341/366-A IPC and on conclusion of investigation, police submitted charge-sheet in both the cases. Trial was also proceeded independently, however, at the later stage, both the cases were amalgamated by the learned trial Judge.