FARUK AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel for the appellant as well as Mr. P.S. Lahkar, 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. 11/4/2018, passed by the learned Sessions Judge, Morigaon in Sessions (Spl.) Case No. 17/2014, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay fine of Rs.20,000.00(Rupees Twenty Thousand), in default, to suffer rigorous imprisonment for 3 (three) months under Sec. 376 (1) of the IPC. The accused appellant has been further convicted and sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay fine of Rs.20,000,.00 in default to undergo simple imprisonment for 3 (three) months under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act', for short). It has been directed that both the sentences shall run concurrently. Prosecution Story:

(3.) The prosecution story, in brief, is that on 11/6/2014 at around 5.30 PM, while the victim minor girl was waiting for a vehicle at Jalugoti Bus stand to return to her home, the accused appellant boarded her in an Indica Car and took her near a burial ground, which was thickly covered with jungle. Thereafter, the accused appellant took her to the jungle located behind the burial ground and committed rape. It was further alleged that while the victim tried to raise alarm, the accused threatened to kill her. On receipt of the information about the aforesaid incident, the father of the victim went to Morigaon P.S. and lodged an FIR. Investigation & Trial :