REKMAN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is preferred against the judgment and order dated 11.07.2018passed by the Court of Special Judge, Cachar at Silchar ("the trial Court", for short) in Special (POCSO) Case No. 23/2016 whereby the accused-appellant has been convicted under Section 366, Indian Penal Code ("the I.P.C.", for short) and sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs. 2,000/- (Rupees two thousand), indefault of payment of fine, to undergo simple imprisonment for further 2 (two) months. The accused-appellant has also been convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act", for short) and on that count, he has been sentenced to undergo rigorous imprisonment for 7(seven) yeras with fine of Rs. 2000/- (Rupees two thousand), in default of payment of fine, to undergo simple imprisonment for another 2 (two) months. The sentences are ordered to run concurrently.

(2.) Heard Ms. Purnima Baruah Bordoloi, learned Amicus Curiae for the accused-appellant and Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.

(3.) The prosecution story, in brief, as unfolded from the First Information Report (FIR) (Ext.-1) lodged by one Md. Abdul Habiz Barbhuiya (P.W.-2), on 06.03.2013, before the Officer In-Charge, Joypur Police Station, District - Cachar, Assam is that his daughter, aged about 14years, was a student of Class-X. She used to go to tuition classes every day morning to the house of a teacher at Nutan Bazar, Joypur. On 04.03.2013, at about 8-00 a.m., his daughter went to Nutan Bazar, Joypur in the vehicle, a Cruiser bearing registration no. AS-11/AC-7024, belonging to the accused for tuition but as soon as she tried to get down from the vehicle at Nutan Bazar, Joypur the accused forcefully dragged her into the vehicle and kidnapped her byspeeding away at once driving the vehicle. The accused, on that day, had allowed another person to drive the vehicle. Coming to know about such kidnapping, the informant's sidesearched for the victim but till the time of lodging of the FIR, she could not be traced.