(1.) Heard Mr. K. Bhuyan, learned counsel for the appellant. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.
(2.) By the present appeal, the appellant challenges the impugned Judgment dated 30.10. 2019, passed by the learned Special Judge, POCSO, Barpeta, in Special POCSO Case No. 90/2018, convicting the accused appellant for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, in brevity, 'POCSO Act, 2012') and sentenced him to undergo Rigorous Imprisonment for 10 (ten) years and also to pay a fine of Rs.5,000.00, in default, Simple Imprisonment for one year.
(3.) The brief facts of the case is that one Smt Bhagya Paul lodged an FIR before the Officer-In-Charge, Tarabari Police Station, on 1/1/2019, stating inter alia that on 31/12/2017, at around 8:00 pm, her daughter aged about 12 years went out from their house to watch 'Asta-Prahar' (Naam Yagya) at Bahari Reserve Barowari Durgabari, along with her friends. At about 09:00 pm, she went alone to purchase food stuff from a shop and at the time of returning, the accused appellant gagged her mouth by applying force and dragged her towards Bahari rice market and committed sexual intercourse with her. The accused appellants also threatened the victim not to disclose the fact to anybody, otherwise she would be killed.
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