SABDER ALI SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L. R. Mazumder, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. M. A. Sheikh, learned counsel appearing on behalf of respondent No. 2.

(2.) This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973, against the judgment and order dtd. 30/1/2023, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Dhubri, in Special Case No. 115/2021, convicting the accused/appellant under Sec. 354-B of the Indian Penal Code and Sec. 8 of the POCSO Act, 2012, and sentenced him to undergo R.I. for 7 (seven) years and to pay a fine of Rs.25,000.00 (Rupees twenty five thousand) only and in default R.I. for another 6 (six) months.

(3.) The brief facts of the case is that the informant, i.e. the father of the victim, lodged an F.I.R. on 3/9/2019 before the Officer-In-Charge, Fakirganj Police Station, alleging inter alia that on 2/9/2019, at about 10.00 a.m., the accused/appellant called his minor daughter, aged about 5 years, inside his room for plucking gray hair from his head. Thereafter, the appellant, with bad intention, removed the half pant of the victim and thereafter the victim came out from the house of the accused/ appellant and narrated the story before her mother. Accordingly, the Officer-In-Charge of the concerned Police Station registered the case vide Fakirganj P.S. Case No. 211/2019, under Sec. 354-B of the Indian Penal Code read with Sec. 8 of the POCSO Act and started the investigation. On completion of the investigation, Charge-Sheet was filed against the accused/ appellant under Sec. 354-B of the Indian Penal Code and Sec. 8 of the POCSO Act.