JAHANGIR ALOM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Bora, learned Senior Counsel for the appellant assisted by Mr. D. Talukdar, learned counsel. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor assisted by Ms. P. Bora, learned counsel.

(2.) This appeal has been filed against the impugned judgment dtd. 24/2/2020 passed by the learned Court of the Additional District and Sessions Judge, Fast Tract Court, Hojai, Sankardev Nagar in Special (POCSO) Case No.13(N)/2018, by which the two appellants, Jahangir Alom and Eliyas Ali have been convicted under Sec. 376(1) IPC and sentenced to undergo rigorous imprisonment for life, with a fine of Rs.50,000.00 each, in default, to suffer simple imprisonment for 6 (six) month, vide sentence order dtd. 28/2/2020. They would also be debarred from any kind of remission.

(3.) The prosecution case in brief is that an FIR was submitted on 19/11/2017 by Prosecution Witness No.1 (PW-1) to the Officer-in-Charge, Kaki Police Station, which is to the effect that on 18/11/2017, at around 7 p.m. when his daughter, aged 16 years, went out of the house to ease herself, the appellants gagged her and took her forcibly to the house of the appellant Md. Eliyas Ali, wherein Md. Jahangir Alom raped her. Later on his daughter escaped and thereafter came back to their house. In pursuance to the FIR submitted by PW-1, Kaki P.S. Case No.191/2017 under Sec. 363/376(2)(i) IPC was registered. The victim girl was thereafter taken for medical examination on 20/11/2017 and her statement under Sec. 164 Cr.P.C was also recorded before the concerned Magistrate on 21/11/2017. After completion of investigation, the Investigating Officer submitted the charge-sheet, wherein he found a prima facie case under Sec. 366/342/376(2)(G) IPC against the appellants.