NURU SIKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the appellant, Ms. S.H. Bora, learned Addl. P.P. for the State and Mr. M. Hussain, learned counsel for the respondent no.2 (i.e. informant).

(2.) This appeal filed under Sec. 374(2) of the Cr.P.C. is for assailing the judgment dt. 5/12/2022, and sentence dtd. 3/1/2023, passed by the learned Special Judge, Chirang, Kajalgaon in Spl. POSCO Case No. 4/2020. By the said impugned judgment, the appellant was convicted for committing offence punishable under Sec. 376(3) of the I.P.C. and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" for brevity) and by the sentence impugned herein, the appellant was sentenced to undergo rigorous imprisonment for a period of 20 (twenty) years and also to pay a fine of Rs.40,000.00, to be paid to the victim if recovered, and in default to under further rigorous imprisonment for 3 (three) months.

(3.) In this judgment and order, the name of the then minor victim and the informant are masked to protect their identity and the victim is hereinafter referred to as ' X' and the informant, who is the father of the then minor victim is hereinafter referred to as ' Y' .