AFSARUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. J. Dutta, learned counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. R. A. Ahmed, learned counsel for the respondent No. 2/informant.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing the impugned Charge-Sheet No. 64/2021, dtd. 8/7/2021, arising out of Bagribari P.S. Case No. 91/2021, under Ss. 376/313 of the Indian Penal Code read with Sec. 6 of the POCSO Act, and the subsequent criminal proceeding in Sessions Trial No. T.2/11/2023 (GR Case No. 733/2021), pending before the Court of learned Assistant Session Judge, Kokrajhar.

(3.) In brief, the case of the petitioner is that on 16/6/2021, one Shajida Khatun lodged an F.I.R. before the Bagribari Police Station, Mahamaya, Assam alleging inter alia that her minor daughter (name withheld) was working as maid servant in the house of one Sontosh Ali in village Kathalbari. During that period, the accused/petitioner No. 1- Afsarul Islam developed love relationship with the victim daughter of the informant for last 2 (two) years and he also promised to marry her and had sexual intercourse with the victim girl for several occasion as a result of which, the victim got pregnant. Upon receipt of the said F.I.R., the Officer-In-Charge, Bagribari Police Station registered a case, being Bagribari P.S. Case No. 91/2021, under Sec. 376/313 IPC read with Sec. 6 of the POCSO Act, and investigated the matter. On completion of investigation, the police submitted Charge-Sheet vide Charge-Sheet No. 64/2021, dtd. 8/7/2021, against the accused/petitioners under Ss. 376/313 IPC.