KUNTHA RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. K. Ahmed, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. U. Choudhury, learned Legal Aid Counsel for the respondent No. 2.

(2.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment and order dtd. 15/11/2022, passed by the learned Special Judge (POCSO) Kamrup, Amingaon in Special Sessions (POCSO) Case No. 12/2016, convicting the accused/appellant to undergo rigorous imprisonment for a term of 5 (five) years and to pay a fine of Rs.30,000.00 (Rupees thirty thousand) only and in default to undergo simple imprisonment for 6 (six) months, for the offence under Sec. 8 of the POCSO Act, 2012.

(3.) The prosecution case, in brief, is that on 28/9/2015, one Ms. X/victim (name withheld) lodged an Ejahar before the Officer-In-Charge, Boko Police Station alleging inter alia that on 27/9/2015, at about 3.30 p.m., while she was returning to home from shop, the accused- Kuntha Rabha accosted her on the road and caught hold of her bicycle from the backside and squeezed her breast as a result she sustained injuries. However, the victim somehow managed to save herself. Accordingly, upon receipt of the said FIR, the Officer-In-Charge, Boko Police Station, registered a case, being Boko P.S. Case No. 558/2015, under Ss. 341/354 of the Indian Penal Code read with Sec. 8 of the POCSO Act, 2012 and started investigation.