ANNAS ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Islam, learned counsel for the accused-appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent No.1 and Ms. D. Saikia, learned Amicus Curiae for the respondent No.2.

(2.) This appeal has been preferred by the appellant against the judgment and order dtd. 23/7/2019 passed by the learned Special Judge, Barpeta in connection with Special POCSO Case No. 20/2018, whereby the appellant was convicted under Sec. 4 of Protection of Children from Sexual Offenses Act, 2012(herein after referred as POCSO Act) and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.2,000.00, in default simple imprisonment for three months.

(3.) The brief facts of the case is that the informant lodged an FIR on 27/4/2018 before the Officer-in-Charge, Barpeta P.S. stating inter alia that on 20/11/2017, the appellant forcefully took her minor daughter from his house under a death threat to marry her and kept her in his house for four days. According to his daughter, the present appellant committed rape on her on several times during her stay in his house. Knowing about the incident, the informant convened a village bichar (extra judicial settlement). The villagers recovered his daughter from the house of the appellant and bichar was held in presence of the accused/appellant and his family members. It was decided in the bichar that the present appellant had to marry his daughter when she would attain the age of majority. The appellant accepted the said decision taken in the bichar and promised that he would marry his daughter when she would attain the age of majority. Thereafter, the appellant used to visit his house and continued physical relationship with his daughter.