BIJU SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B.N. Gogoi, learned counsel for the appellant in Crl. Appeal No. 79/2020 and Mr. Mrinmoy Dutta, learned amicus curiae appearing for the appellant in Crl. Appeal (J) No. 02/2021. We have also heard Mr. D. Das, learned Addl. P.P. Assam appearing on behalf of the State in both these appeals. Mr. A. Bhattacharyya, learned counsel for the informant/ respondent No. 2 is also present.

(2.) Both these appeals arise out of the common judgment dtd. 21/12/2019 passed by the learned Special Judge, Sivasagar in Special (P) Case No. 46/2017. By the impugned judgment, the appellant in Crl. Appeal No. 79/2020, viz. Kumud Chandra Borgohain (A-1) has been convicted under Sec. 6 of the POCSO Act read with Sec. 376(2)(n) of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 with default stipulation. By the impugned judgment, the appellant in Crl. Appeal (J) No. 02/2021 was also convicted under Sec. 17 read with Sec. 6 of the POCSO Act and under Sec. 109 read with Sec. 376(2)(n) of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 with default stipulation.

(3.) At the outset it deserves to be mentioned herein that the two victim girls who have brought the allegation against the appellants are the daughters of one of the appellants Smti. Biju Saikia (A-2). On 30/9/2017 one of the twin daughters of the appellant A-2 who is referred to as 'D', in this case had lodged an ejahar before the Officer-in-Charge, Namti Police Station alleging that the A-1, a resident of Namti Chariali, Gohain Gaon had been visiting their house for almost 10/12 years and during that time, he had been indulging in illicit relationship with her mother (A-2). Afterwards the accused A-1 on the pretext of taking her to the hospital, took her to a hotel at Jorhat and sexually assaulted her. That apart, he also took her to Dibrugarh and sexually assaulted her and also tried to assault her at home. In addition to that, by luring her sister 'J' saying that he would take her to Guwahati for outing, on two occasions, he had sexually assaulted her also at night. Her mother A-2 has full cooperation in the matter. Therefore, request had been made before the Investigating Officer (I/O) to take necessary action in the matter.