UTPAL DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being highly aggrieved by the Judgment and Order, dtd. 11/6/2019, passed in POCSO Case No. 03/2017 (corresponding to G.R. Case No. 308/2017 and Bokajan P.S. Case No. 74/2017) by learned Special Judge, Karbi Anglong, Diphu whereby the present appellant, Sri Utpal Debnath, was convicted under Sec. 363 of the Indian Penal Code as well as Sec. 6 of the POCSO Act, 2012 and was sentenced to undergo Rigorous Imprisonment for 6(six) months under Sec. 363 of the Indian Penal Code and Rigorous Imprisonment for 10(ten) years and to pay a fine of Rs.1,000.00 in default Simple Imprisonment for 2(two) months under Sec. 6 of the POCSO Act, 2012, this appeal has been preferred under Sec. 374 of the Code of Criminal Procedure, 1973 by the above named appellant.

(2.) The facts relevant for adjudication of this appeal, in brief, are as follows:-

(3.) I have heard Mr. P.K. Munir, learned counsel for the appellant. I have also heard Mr. D. Das, learned Addl. Public Prosecutor appearing for the State of Assam as well as Mr. M. Islam, learned counsel appearing for the respondent No. 2 (first informant).