ANJAN KR. MANJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK Barkataki, learned counsel for the Appellant as well as Ms. SH Bora, learned Addl. P.P., Assam appearing for the State Respondent.

(2.) This appeal under Sec. 374 of the Code of Criminal Procedure ('Cr.P.C.' for short) is preferred against the Judgment and Order, dtd. 23/9/2019, passed by the learned Special Judge (POCSO Act), Karbi Anglong in POCSO Case No. 12 of 2018 (Special Case No. 136/2018) corresponding to GR Case No. 303/2018 and Borlangphar PS Case No.14/2018 under Sec. 363 of the Indian Penal Code 1860, ( 'IPC' for short) read with Sec. 4 of The Protection of Children from Sexual Offences Act, 2012 ( 'POCSO Act' for short) whereby the Appellant has been convicted and sentenced to undergo rigorous imprisonment for 6 months under Sec. 363 of the IPC and rigorous imprisonment for 7 years and fine of Rs.1,000.00 in default, simple imprisonment for 2 months under Sec. 4 of the POCSO Act.

(3.) The prosecution case is that an FIR was lodged on 24/3/2018, before the Officer -In-Charge of Borlangphar PS by the victim's father alleging that on 23/3/2018, his daughter, aged about 17 years, went to Lumding for collecting her admit card for examination and since then, she had not returned home. He suspected that the accused/ Appellant herein might have kidnapped her.