PINKU RAY BONGAIGAON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Reetuja Dutta, learned Amicus Curiae for the accused-appellant and Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.

(2.) This appeal from jail is directed against the judgment and order dated 20.06.2018 passed by the learned Sessions Judge, Bongaigaon in Special (B) Case No. 18(BGN)/2017. By the said judgment and order dated 20.06.2018, the accused-appellant has been convicted under Section 4, Protection of Children from Sexual Offences Act, 2012 (the POCSO Act, for short) and he has been sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 2 (two) months. The period that has already been undergone by the accusedappellant is to be set off against the terms of imprisonment.

(3.) The First Information Report (FIR) in the instant case was lodged by the father of the victim, P.W.-2 on 07.08.2017 before the Officer In-Charge, North Bongaigaon Police Out Post stating, inter-alia, that on 07.08.2017, at about 02-00 p.m., when there was nobody in his house the accused coming into the house had forcibly raped his minor daughter, aged about 15 years, by gagging her mouth.