RAMBABU MAHATO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Baruah, learned Amicus Curiae appearing for the Appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam, for the State respondent.

(2.) This appeal is directed against the judgment and order passed by the learned Special Judge, Lakhimpur, North Lakhimpur in Special Case No. 1/2015d whereby the appellant was convicted under Section 376 IPC read with Section 4 of the POCSO Act and sentenced to undergo R.I. for 10 years and fine of Rs. 5,000/-in default to undergo R.I. for another 5 (five) months on each count.

(3.) The prosecution case as unfolded during trial was that the informant Jeshmina Ghashi married the appellant after she was deserted by her former husband. The victim aged about 14 years was the daughter of the informant from her former husband. She was also living with the informant in the house of the appellant. The appellant used to sexually assault her for long time and consequently she became pregnant and also gave birth to a male child. Even thereafter the appellant continued to sexually assault the victim and therefore, the informant lodged the FIR Ext. 7, on the basis of which police registered North Lakhimpur P.S. Case No. 1087/2014 under Sections 376/511 IPC read with Section 8 of the POCSO Act. After completion of the investigation police submitted charge-sheet against the appellant under Section 376/313 IPC.