(1.) Heard Mr. Z. Hussain, learned Amicus Curiae. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State/respondent.
(2.) This appeal has been preferred by the sole appellant challenging the judgment and order dtd. 5/12/2020 passed by the learned Special Judge, Udalguri in POCSO Case No. 22/2017, whereby the accused/appellant was convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (herein after referred as POCSO Act) and sentenced him to undergo rigorous imprisonment for 10(ten) years and instead of imposing the fine amount directed him to pay compensation of Rs.50,000.00 to the victim girl and her male child as provided under Sec. 357(3) Cr.P.C. and in default of payment of compensation, the appellant will be liable to under further simple imprisonment of 3(three) months.
(3.) The case of the prosecution is that the informant lodged an FIR on 31/3/2017 before the O/C, Mazbat P.S. stating inter alia that since her parents passed away in her childhood, she grew up in the house of her grandfather Sri Mikhel Rajowar in the same village. She was about 13 years old at that time. The appellant on the pretext of marrying her, developed a love affair with her and impregnated her after having sexual intercourse with her on multiple occasions. It is further stated in the FIR that though the victim requested the appellant repeatedly to take her to his house but he did not pay heed to her request. Subsequently, he was eloped with another girl.