AMAR MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, learned Amicus Curiae appearing for the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This jail appeal is preferred against the judgment and order, dated 30.03.2019, passed by the learned Addl. Sessions Judge, Udalguri in Special (POCSO) Case No. 26/2015, whereby the accused/appellant herein was convicted under Section 376(2)(i) of the IPC and sentenced to undergo R.I. for 10 (ten) years and to pay fine of Rs.10,000/- only in default to undergo R.I. for 6 (six) months.

(3.) The prosecution case, in brief, is that on 19.07.2015, at about 6 p.m. while the victim was proceeding towards the garden hospital, the accused committed rape on her. On the following day, the mother of the victim informed the garden authority about the incident. Initially the victim could not identify the accused by name. But later on, when her mother showed her all the persons of workers line No. 10 of the garden, the victim identified the accused as the person who committed rape on her. Then on 24.07.2015, the mother of the victim filed a written complaint before the Sexual Harassment Committee of Lamabari Tea Estate and in connection with the incident, a meeting of the committee was held on 26.07.2015, where the accused and the victim were also present. In the said meeting, the victim identified the accused and the accused confessed his guilt before the Committee. Thereafter, on 27.07.2015, the mother of the victim (P.W. 1) filed an FIR before the O/C of Mazbat P.S. regarding the aforesaid alleged incident of rape.