DEBLAL MALPAHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Sanchita Roy, learned Amicus Curiae appearing for the appellant. We have also heard Ms. B. Bhuyan, learned senior counsel (Additional Public Prosecutor, Assam) assisted by Ms. P. Bora, learned counsel appearing on behalf of the State of Assam. None has appeared for the informant.

(2.) This appeal, preferred from Jail, is directed against the judgment dtd. 26/4/2022 and order dtd. 27/4/2022 passed by the learned Special Judge, North Lakhimpur in Special (POCSO) Case No.118/2018 whereby, the sole appellant was convicted for committing offences punishable under Sec. 376/302/201 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life for committing the offence punishable under Sec. 302 of the IPC; rigorous imprisonment for life for committing the offence punishable under Sec. 376(2)(f) of the IPC and rigorous imprisonment for three years for committing the offence under Sec. 201 of the IPC and also to pay fine separately for each of the offences with default stipulation.

(3.) The facts and circumstances, giving rise to filing of this appeal, briefly stated, are as follows. On 27/3/2018, dead body of a girl was recovered from the Koilamari Tea Estate Line No.15 pursuant whereto, U/D Case No.13/2018 was registered. On the following day i.e. on 28/3/2018, Sri Jyoti Mili, Sub-Inspector of Police (SI) posted at the Jahing Police Outpost coming under the North Lakhimpur Police Station, had lodged an ejahar with the Officer-in-Charge of the North Lakhimpur Police Station stating that the dead body recovered on 27/3/2018 was that of the daughter of Sri Deblal Malpaharia, who had killed his own daughter by hacking her on the neck with a sharp weapon and the dead body was concealed in a drain of Koilamari Tea Estate by covering it with garbage and soil.