KANAK SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, the learned Amicus Curiae representing the appellant and Ms. S. Jahan, the learned Addl. Public Prosecutor, Assam. Also heard Mr. A. Dhar, the learned Amicus Curiae representing the respondent no.2.

(2.) Challenge in this appeal is to the judgment and order dtd. 14/11/2019 passed by the learned Sessions Judge, Dibrugarh in POCSO Case No.12 of 2019 (G.R. Case No.2809/2018) whereby the appellant was convicted under Sec. 4 of the POCSO Act, 2012.

(3.) The prosecution case, in a nutshell, is that about 10 days prior to filing of the FIR, the appellant allegedly committed penetrative sexual assault upon his own daughter who was about 13 years old at the time of occurrence.