ASURUDDIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, the learned senior counsel appearing for the appellant. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor representing the State of Assam.

(2.) This is an appeal under Sec. 374 of the Code of Criminal Procedure against the judgment dtd. 30/4/2019 and order dtd. 3/5/2019 passed by the learned Special Judge, Barpeta, in Special POCSO Case No.07/2017 convicting and sentencing the appellant under Sec. 4 of the POCSO Act and to undergo rigorous imprisonment for 10 years with fine stipulations.

(3.) On 14/8/2016, the prosecutrix, aged about 14 years, was summoned by Saheda Khatun and accordingly, the prosecutrix went to her house. The prosecutrix stayed back in the house of Saheda Khatun. After having dinner there, the prosecutrix went to bed. But after sometime, Saheda Khatun told the prosecutrix that the appellant was coming to her house and he would sleep with her. Accordingly, the prosecutrix got up from the bed and went to another room. In that room, she slept with the appellant. The appellant had sexual intercourse with her on the promise of marriage. Next morning, the appellant left the place and the prosecutrix also returned home.