ABU BAKKAR SIDDIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AAR Karim, learned counsel for the appellants and Mr. D. Das, learned Addl. P.P. for respondent No. 1 and Ms. D. Saikia, learned Amicus Curiae for respondent No. 2.

(2.) This appeal is directed against the Judgment and Order dtd. 22/5/2019 passed by the learned Sessions Judge, Darrang, Mangaldai in connection with Special (POCSO) Case No. 5/2017 convicting the accused Abu Bakkar Siddique and Md. Khurshed Ali u/s 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short) and sentencing them to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000.00 with default stipulation.

(3.) The prosecution case is that on 28/1/2016 at about 12 noon the 14 year old victim 'X' was found missing and then her father 'Y' lodged an FIR and after registering a GD Entry, the FIR was forwarded to the police station from the Kharupetia Outpost to the Dalgaon PS and registered as Kharupetia P.S. Case No. 763/2016 u/s 342/366A/368/34 of the Indian Penal Code (IPC for short) and investigation commenced. The Investigating Officer (IO in short), forwarded the victim for medical examination and for recording her statement u/s 164 of the Code of Criminal Procedure (Cr.PC for short). After completion of investigation charge-sheet was laid against the accused u/s 366A/376(2)(i)/34 of the IPC read with Sec. 4 of the POCSO Act. This case was committed and at the commencement of trial, a formal charge was framed u/s 366A/376(2)(i) and 34 IPC and read with and explained to the accused. Both the accused adjured their guilt and claimed innocence.