LAWS(GAU)-2024-7-5

SHARIFUL ISLAM Vs. STATE OF ASSAM

Decided On July 29, 2024
SHARIFUL ISLAM Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor as well as Ms. Meghali Barman, learned Amicus Curie, representing the victim girl.

(2.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, namely, Shariful Islam, impugning the judgment and order dtd. 30/6/2023 passed by learned Additional Sessions Judge-cum- Special Judge, POCSO, Barpeta in Special POCSO Case No. 105/2019, whereby the appellant was convicted under Sec. 376 of the Indian Penal Code read with Sec. 4 of the POCSO Act, 2012, and was sentenced to undergo rigorous imprisonment for 7 years, and to pay a fine of Rs.10,000.00 and in default of payment of fine, to undergo further simple imprisonment for one year.

(3.) The facts relevant for adjudication of the instant Criminal Appeal, in brief, are as follows: