MANIRUL ISLAM @ MANIRUL ZAMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.J. Das, learned counsel appearing for the appellant. We have also heard Mr. M. Phukan, learned APP, Assam, appearing for the State. None has appeared for the informant.

(2.) This appeal is directed against the judgement and order dated 22/11/2019 passed by the learned Special Judge, Barpeta in Special POCSO Case No. 72/2018, finding the appellant guilty of committing penetrative sexual assault under section 3 of the POCSO, Act,2012 [here-in after referred to as "POCSO"] and sentencing him under Section 4 of the POCSO to undergo rigorous imprisonment for a period 12 years and also to pay fine of Rs. 2,000/-, in default, to suffer simple imprisonment for another 3 (three) months.

(3.) The facts of the case, briefly stated, are that on 26/11/2016, one Nazrul Islam i.e. the uncle of the victim girl, had lodged an ejahar before the In-Charge, Barbhita Police Outpost, in the district of Barpeta, informing that on 10/10/2016, at about 5 p.m., the accused No.1/appellant, acting in a conspiracy with the accused nos. 3, 4, and 5, had forcibly taken away his niece to the house of the accused no. 1 and committed rape on her against her will. In the ejahar, it was mentioned that the delay in lodging the FIR was because of the settlement arrived at in the social meeting. Based on the ejahar dated 26/11/2016, G.D. entry No. 460 dated 26/11/2016 was made in the Barbhita Police Outpost and the ejahar was forwarded to Kalgachia Police Station for registering a case under the appropriate provisions of law. Accordingly, Kalgachia Police Station Case No. 880/2016 was registered under Section 120(B)/34 of the IPC read with Section 4 of the POCSO Act and the Officer-in-Charge of Barbhita Police Outpost took up the matter for investigation.