RAMDHAN NAMASUDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973 against the judgment and order dtd. 24/4/2018 passed by the learned Special Judge, Nagaon, Assam in Special Case No. 48 (N) of 2016. By the aforesaid judgment, the appellant has been convicted and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00 in default R.I. for another 6 (six) months under Sec. 302 IPC and to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00 in default R.I. for another 6 (six) months under Sec. 6 of the POCSO Act concurrently.

(2.) The case involves the brutal killing and rape of a seven-year-old child who would be referred to as the victim in the judgment.

(3.) The criminal law was set into motion by lodging of an Ejahar by PW-3, the cousin of the deceased. As per the Ejahar which was lodged on 27/12/2015, the appellant had lured the deceased on the pretext of buying chocolate by giving Rs.10.00 to her. Thereafter, as she did not return, her mother PW-2 made a search and the body of the deceased was found in an abandoned latrine. The Ejahar had specifically named the appellant as the accused person.