GAUTAM BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Chakrabarty, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. P.P. for respondent No. 1 and Mr. B. Haldar, learned Legal Aid Counsel for respondent No. 2.

(2.) This appeal is directed against the Judgment and Order dtd. 28/9/2021 passed by the learned Additional Sessions Judge, FTC, Darrang, Mangaldai in connection with Special (POCSO) Case No. 67/2019 convicting the appellant Gautam Biswas (Seal) u/s 363 of the Indian Penal Code (IPC for short) to undergo Rigorous Imprisonment for 2 years and to pay a fine of Rs.2,000.00, with default clause; u/s 366 IPC to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs.3,000.00 with default clause and u/s 4 of the Protection of Children from Sexual Offences Act (POCSO Act for short) to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.5,000.00 with default clause. The sentences were ordered to run concurrently. The FIR was lodged by the victim's mother 'Y' (also referred to as the informant).

(3.) The prosecution case in brief is that the victim was a 16 year old girl and a student of Class-X. On 25/7/2018 at about 4 AM the victim was found missing. On the previous day, i.e. on 24/7/2018, the appellant Gautam Biswas (hereinafter referred to as the accused) visited the informant as a guest in the afternoon and spent a night in the house. The accused-appellant induced the victim to elope with him. The informant along with her father and four or five neighbours went to the accused-person's house and saw her daughter with the accused. The accused-person's family members had driven away the informant. The FIR lodged by the informant was registered as Mangaldoi P.S. Case No. 575/2018 u/s 376 IPC.