JOYNUL HOQUE BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L. R. Mazumder, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No.1 and Ms. D. Saikia, learned Amicus Curiae representing the respondent No.2.

(2.) This application is filed under Sec. 374 of the Code of Criminal Procedure Code, 1973 challenging the impugned Order dtd. 12/2/2021 passed by the learned Additional Sessions Judge (Special Judge), Cachar, Silchar in Spl.(POCSO) Case No.57/2017, convicting the appellant under Sec. 4 of the POCSO Act and 376 of IPC and sentenced him to undergo Rigorous Imprisonment for a period of 10(ten) years and to pay a fine of Rs.10,000.00 in default to Simple Imprisonment of 6(six) months.

(3.) The brief facts of the appeal is that; on 5/9/2017 the complainant i.e. the mother of the victim lodged a written complaint before the learned Chief Judicial Magistrate, Cachar, Silchar stating that prior to the lodging of complaint, the accused appellant used to visit in the house of the complainant and expressed his love towards her minor daughter and with false promise of marriage, he forcibly committed rape upon the minor girl of the complainant. On the pretext of marriage, the accused appellant established sexual relationship with her minor daughter and as a result of which she became pregnant. When the victim requested the accused appellant to marry her, instead of marrying her, he provided her with some medicine for termination of pregnancy and after consuming the same, the victim was hospitalized at SMCH, Silchar for severe bleeding. The complaint was accordingly forwarded to Office-in-Charge, Dholai P.S. to investigate the case and on receipt of the said complaint, the case was registered under Dholai P.S. Case No.244/2017 and started investigation.