PURNA NAHAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned amicus curiae Mr. S. Islam for the appellant and learned Addl. P.P., Ms. B. Bhuyan for the respondent.

(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Dibrugarh in POCSO Case No. 41/2017 (GR Case No. 2907/2017), by which, the learned Sessions Judge convicted the appellant under Sec. 6 of POCSO Act and sentenced them to rigorous imprisonment for 14 (fourteen) years and to pay fine of Rs.25,000.00 (Rupees Twenty Five Thousand) only with default stipulation.

(3.) The factual matrix giving rise to the prosecution case against the appellant - the appellant is the father of a minor girl. When she was in Class-VI, since then, the appellant used to sexually assault her. She complained to her mother on several occasions, but the mother did not believe her. Finally, on one occasion, the mother saw some incident of sexual assault upon her daughter and since then, she had quarreled with her husband. In the meantime, the minor attained puberty. It is alleged that on the third day of attaining puberty, the appellant committed forcible penetrating sex upon her. After knowing about that incident, the mother became angry and the appellant even tried to strangulate his wife.