PINKU MIRDHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Amicus Curiae Ms. Bijita Sarma, for the appellant and Mr. B.B. Gogoi, learned Addl. P.P., Assam for the respondents.

(2.) This appeal is directed against the judgment and order dated 08.02.2018 passed by the learned Special Judge, Jorhat in Special Case No. 53/2016. By the said judgment, the learned Special Judge convicted the appellant under Section 4 of the POCSO Act R/W Section 417 of the IPC and sentenced him to rigorous imprisonment for seven years and fine of Rs. 10,000/- with default stipulation under Section 4 of the POCSO Act and rigorous imprisonment for one year under Section 417 IPC.

(3.) As per prosecution case, the appellant developed affair with the victim, who was a minor at the relevant time and established physical relation with her. Consequently, the victim became pregnant. The appellant induced her to have sexual activities with him upon promise of marriage. However, when the victim became pregnant, the appellant refused to marry her and forced her to terminate the pregnancy by paying Rs. 2000/-. When she refused to terminate the pregnancy, the appellant also threatened her to kill and thereafter the FIR was lodged by the victim herself. On the basis of the said FIR, police registered Pulibar P.S. Case No. 125/2016 under Section 376 IPC and eventually, on completion of the investigation laid charge sheet against the appellant.