PINTUS DUNG DUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. K. Gupta, learned Legal Aid Counsel for the appellant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

(2.) This jail appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment and order dtd. 27/11/2018, passed by the learned Special Judge, Charaideo, Sonari in Special (P) Case No. 47/2017, under Sec. 376(2)(i) of the Indian Penal Code read with Sec. 4 of Protection of Children from Sexual Offences Act, 2012, whereby the accused/ appellant has been sentenced to undergo Rigorous Imprisonment for 10 (ten) years along with a fine of Rs.1,000.00 (Rupees one thousand) only and in default to undergo Simple Imprisonment for 2 (two) months for the offence under Sec. 376(2)(i) of the Indian Penal Code.

(3.) The prosecution case, in brief, is that on 24/9/2017, one Shri Prahlad Teli lodged an F.I.R. before the Officer-In-Charge of Sapekhati Police Station alleging that on the previous day, i.e. on 23/9/2017, at around 3.30 p.m., the accused- Pintus Dungdung induced his minor daughter to go with him to play with his granddaughter and thereafter raped her inside his house. Upon receipt of the said F.I.R., the Officer-In-Charge, Sapekhati Police Station registered a case, being Sapekhati P.S. Case No. 84/2017, under Sec. 4 of POCSO Act, and started investigation.