SUNIL MURARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred by the sole appellant challenging the impugned judgment and order dtd. 7/12/2019 passed by the learned Sessions Judge, Dibrugarh, in connection with POCSO Case No. 39/2015, whereby the appellant was convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000.00, in default of payment of fine to undergo rigorous imprisonment for 1 month. The appellant was also convicted under Sec. 4 of the POCSO Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000.00, in default of payment of fine to undergo rigorous imprisonment for 1 month. The appellant was also convicted under Sec. 366 IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000.00, in default of payment of fine to undergo rigorous imprisonment for 1 month. All the sentences were directed to run concurrently.

(3.) The brief facts of the case is that the informant lodged an FIR on 2/1/2015 before the Officer-in-Charge, Duliajan Police Station stating inter alia that on 1/1/2015 his six year old daughter went missing, when she was watching the sports events organized by the local people on the occasion of New Year at No.1 Bardubi Gaon (Gojal Basti). Though he searched for his daughter at night with the help of local people, but she could not be traced out. On the next morning, Biki Tanti, S/o Bijoy Tanti informed him that his daughter was lying on the floor of the rear verandah of an abandoned premise. On receipt of the information he went there with the local people and found the dead body of his daughter. It also appears from the FIR that said Biki Tanti had seen his daughter with the appellant in the evening of 1/1/2015. Accordingly, he suspected that the appellant killed his daughter after raping her.