JITU ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned counsel for the accused-appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent.

(2.) This is an appeal filed under Sec. 374(2) Cr.P.C. 1973, challenging the judgment and order dtd. 19/1/2022 passed by the leaned Special Judge(POCSO), Kokrajhar in Special Case No. 50/2018, whereby the accused/appellant has been convicted under Sec. 366 of IPC and sentenced to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.10,000.00 in default of payment of fine, to suffer imprisonment for 3(three) months. The accused/appellant was also convicted under Sec. 4 of POCSO Act and sentenced to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs.25,000.00 in default stipulation.

(3.) The brief facts of the case is that the informant Naresh Basumatary who is the father of the victim had lodged an FIR before the O/C, Gossaigoan police station stating inter alia that on 16/2/2018 when his minor daughter was returning home after appearing in the examination at Bhowraguri High School, she was kidnapped from Binnayakhata. Though the family members were in search of his daughter but she could not be traced out. Subsequently, they came to know that the accused/appellant had kept his daughter at Golakganj Bisondai village. It is also alleged that the accused had done injustice towards his daughter by doing such bad acts.