SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.11.2019 passed by the learned Additional Sessions Judge, Bajali, Pathsala, in Special POCSO Case No. 12/2018, whereby the appellant was convicted under Section 4 of the POCSO Act and sentenced to rigorous imprisonment for 7 years and to pay fine of Rs. 10,000/- with default stipulation.

(2.) As per prosecution case, on 05.04.2018, at about 10 O'clock at night, the daughter and niece of the informant were missing from their respective houses. During search, both the victims were found on the next day at Rajakhat chowk and on being asked, both of the victims told that the appellant and the co-accused took away them upon assurance of marriage and committed rape on them. An FIR was lodged by the father of the one victim, on the basis of which police registered Barpeta P.S. Case No. 718/2018 under Section 366A/34 IPC read with Section 4 of POCSO Act and upon completion of the investigation submitted charge sheet against both the accused named in the FIR. The co-accused Habibul has been found to be juvenile and as such his case has been dealt with by the Juvenile Justice Board and the present appellant stood trial before the Court of Sessions-cum-Special Judge.

(3.) During trial charges were framed under Section 366 IPC and 4 of POCSO Act, to which the appellant pleaded not guilty. In order to establish the charges, prosecution examined 9 witnesses. On completion of the prosecution evidence, the appellant was examined under Section 313 CrPC, wherein the appellant took the plea of innocence. On appreciation of evidence, learned Sessions Judge convicted the appellant under Section 4 of the POCSO Act and awarded sentence as indicated above. The appellant was however, acquitted of the charge under Section 366 IPC.