TINKU MAGOR @ KAITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B Sarma, 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 20.02.2018 passed by the learned Sessions Judge, Dhemaji in Special Case No.7(DH)/2016, whereby the appellant was convicted under section 4 of the POCSO Act and sentenced to Rigorous Imprisonment for 10 (ten) years and fine of Rs.5,000/- with default stipulation.

(3.) As per the prosecution case, on 10.02.2016, at about 12.00'o clock when the minor daughter of the informant (Pw-2) was playing, the appellant took her to a nearby bamboo grooves by inducing her and subjected her to sexual assault. On the basis of the said FIR, police registered Silapathar PS case No.36/2016 under section 376(1) IPC read with section 6 of the POCSO Act. During the course of investigation, police recorded the statement of the victim and other witnesses, got her examined by the doctor, seized certain articles and on completion of investigation submitted charge-sheet against the present appellant under section 376(1) read with section 6 of the POCSO Act.