DAOMA BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, the learned Amicus Curiae and Ms. S. Jahan, the learned Additional P.P., Assam.

(2.) This appeal has been filed against the impugned judgment dtd. 23/9/2021 passed by the learned Special Judge, (POCSO), Baska, Mushalpur in Special (POCSO) Case No. 2/2020, by which the appellant has been convicted under Sec. 4(2) of the POCSO Act, 2012 and sentenced to suffer a rigorous imprisonment for a period of 20 years and to pay a fine of Rs.50,000.00, in default to suffer simple imprisonment for 8 months.

(3.) The prosecution case, in brief, is that an FIR dtd. 22/10/2019 was submitted by Prosecution Witness-1 (PW-1), who is the father of the victim girl. The FIR states that at around 2 PM on 21/10/2019, the appellant had taken the minor daughter (6 years) of PW-1 to his farm and raped her. PW-1 also states that his daughter informed him of the same on returning home. In pursuance to the FIR, Tamulpur U.D.S. P.S. Case No. 499/2019 under Sec. 376 IPC read with Sec. 4 of the POCSO Act was registered. After completion of the investigation, the Investigating Officer (PW-5) submitted a chargesheet, on finding a prima facie case under Sec. 376 IPC and Sec. 4 of the POCSO Act against the appellant. Charge was framed against the appellant under Sec. 4 of the POCSO Act, 2012 by the learned Trial Court, to which he pleaded not guilty and claimed to be tried.