SARBAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.S.S. Rahman, learned counsel for the appellant; Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent No. 1; and Mr. R.S. Sadial, learned counsel for the respondent No. 2.

(2.) In this appeal, under Sec. 374(2) of the Criminal Procedure Code ('Cr.P.C.', for short), the appellant has put to challenge the correctness or otherwise of the judgment and order, dtd. 14/6/2023, passed by the learned Special Judge (POCSO), Bajali Pathsala ('learned trial court', for short), in Special (P) Case No. 12/2019, under Ss. 342/366 of the Indian Penal Code ('IPC', for short) and read with Sec. 4 of the Protection of Children from Sexual Offences Act ('POCSO Act', for short).

(3.) It is to be noted here that vide judgment and order dtd. 14/6/2023, the learned trial court has convicted the appellant under Sec. 4 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.5,000.00 with default stipulation and further convicted him under Sec. 342 of the IPC and sentenced him to undergo simple imprisonment for 1 (one) year and to pay a fine of Rs.1,000.00 with default stipulation and also convicted him under Sec. 366 of the IPC to undergo imprisonment for 7 (seven) years and to pay a fine of Rs.5,000.00 with default stipulation.