CHUTU MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. M. Dutta for the appellant and the learned Additional Public Prosecutor Mr. B. J. Dutta for the State respondent.

(2.) This jail appeal is directed against the judgment and order dated 05.09.2017 passed by the learned Special Judge (POCSO), Sivasagar in Special (P) Case No. 43/2016, whereby the appellant was convicted under Section 10 of the POCSO Act and sentenced to rigorous imprisonment for 5 (five) years and fine of Rs. 1,000/- in default to simple imprisonment for 1 (one) month.

(3.) The prosecution case in brief is that the victim used to live with the accused, being her father, as the mother of the victim died long before. It was further alleged that the appellant sexually assaulted the victim on various occasions and she was threatened not to disclose the misdeeds of the appellant to anyone. However, the victim informed about the occurrence to her aunt, who lodged the FIR with the police on the basis of which the police registered Sonari P.S. Case No. 171/2016 under Section 376 of the IPC read with Section 6 of the POCSO Act and upon conclusion of the investigation submitted the charge sheet against the appellant.