UMESH BARAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms B Sarma, learned Amicus Curiae for the appellant and Mr P Borthakur, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dtd. 23/7/2019, passed by the learned Special Judge POCSO, Udalguri in connection with Special (POCSO) Case No. 03 of 2018, convicting Umesh Baraik (hereinafter referred to as the appellant) under Sec. 376 (2) (l) of the Indian Penal Code (IPC for short) to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000.00 with default stipulation.

(3.) The brief facts leading to this appeal are that the appellant committed rape on a 13 year old victim, say -X on 7/11/2017 at about 03:00 p.m. The victim's father is the informant, say- Y, who has also stated that his daughter was physically challenged.