BALIN CHETIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State/respondent No.1.

(2.) This appeal has been preferred challenging the judgment and order dtd. 18/12/2018 passed by the learned Special Judge, Tinsukia in POCSO Case No. 22(M)/2016, whereby the accused/appellant was convicted under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (herein after referred as POCSO Act) and sentenced him to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs.10,000.00 in default, simple imprisonment for 3(three) months.

(3.) The mother of the victim, Rina Gogoi lodged an FIR on 27/10/2014 before the Officer-in- Charge, Pengaree P.S. stating inter alia that the accused/appellant committed rape on her 14 years old daughter for which she became pregnant. Later on, the wife of the appellant took her daughter to the government hospital secretly and her pregnancy was terminated. On receipt of the FIR, a case was registered vide Pengaree P.S. Case No. 54/14 under Sec. 376(D) IPC r/w Sec. 4 of POCSO Act and started investigation on the basis of the FIR. During investigation, the investigating officer visited the place of occurrence, recorded the statement of the witnesses and the accused was also arrested. The victim was examined by the doctor and her statement was also recorded by the learned Magistrate under Sec. 164 Cr.P.C. After completion of investigation, charge-sheet was submitted against the accused/appellant under Sec. 376 IPC r/w Sec. 4 of POCSO Act.