JITEN RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned Amicus Curiae appearing for the appellant and Mr. K.K. Das, learned Addl. P.P., Assam appearing for the State.

(2.) The appellant has challenged the judgment dtd. 25/3/2021 passed by the Court of the Addl. Sessions Judge/Special Judge, Dhubri in Special Case No.81/2019, by which the appellant has been convicted under Ss. 376AB/506 of IPC read with Sec. 6 of the POCSO Act. Thereafter, in terms of Sec. 42 of the POCSO Act, 2012, the appellant was sentenced to undergo rigorous imprisonment for life with fine of Rs.5000.00, in default, to undergo simple imprisonment for 6 months under Sec. 6 of the POCSO Act. Further, the appellant was sentenced to undergo rigorous imprisonment for 2 years in terms of Sec. 506 of IPC. Both the sentences were to run concurrently.

(3.) The prosecution case, in brief, is that the informant, who is the mother of the victim and prosecution witness No.1 (PW 1), had lodged and FIR dtd. 16/9/2019, stating that at around 8 a.m. on 13/9/2019, the appellant had raped her minor daughter aged about 10 years in his bedroom. On asking her daughter why she was crying at around 10 p.m., the victim informed PW 1 about the rape and stated that the appellant had threatened her with death, if she disclosed the matter to anyone. PW 1 also stated that the lodging of the FIR was delayed, inasmuch as, she was waiting for an extra judicial settlement in the village. Pursuant to the FIR dtd. 16/9/2019, Golokganj P.S. Case No. 1081/2019 under Ss. 376AB/506 IPC read with Sec. 6 of the POCSO Act was registered against the appellant.