BUDHESWAR HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Sharma, learned legal aid counsel for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel and Addl. P.P. for the State, assisted by Ms. P. Bora, learned counsel, as well as Ms. B.R.A. Sultana, learned legal aid counsel for the informant i.e. respondent no.2.

(2.) The appellant has filed this appeal from jail as per the provisions of Sec. 383 of the Cr.P.C. By filing this appeal under Sec. 374(2) of the Cr.P.C., the appellant has assailed the judgment dtd. 9/3/2022, and sentence dtd. 11/3/2022, passed by the learned Special Judge, POCSO, Golaghat, thereby convicting the appellant for committing offence punishable under Sec. 6 of the POCSO Act. The appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default to suffer rigorous imprisonment for a period of 3 (three) months for the offence under Sec. 6 of the POCSO Act, 2012.

(3.) On 29/12/2020, Atulya Krishna Das gad lodged an FIR before the Officer-in-Charge of Golaghat Police Station to the effect that the appellant, his minor daughter and son were living in his rented house since last three years and the women in the neighbourhood upon noticing physical changes in the victim 'SH', the 13 (thirteen) year old minor daughter of the appellant asked her what had happened and then she narrated that his father i.e. the appellant had been establishing physical relationship with her and he had threatened her that he would beat her up if she disclosed it to others and so the neighbouring people had come to the rented house of the appellant at 02:30 PM and questioned him and his daughter and at that time also he had threatened to beat up her daughter. Later on, with the help of the locals, the appellant was detailed and the police was informed. Accordingly, Golaghat P.S. Case No. 924/2020, corresponding to G.R. 1613/2020 was registered under Sec. 376(2)(i) IPC read with Sec. 4 of POCSO Act.