ARUP BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Chetri, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Addl. P.P. for respondent No.1 and Ms. Meghali Barman for the respondents No. 2.

(2.) In this appeal, under Sec. 374(3) Cr.P.C. the appellant, namely, Shri Arup Borah, has challenged the correctness or otherwise of the judgment and order, dtd. 3/3/2023, passed by the learned Special Sessions Judge, Majuli, in Special Case No.36/2020, under Sec. 6/10 of the POCSO Act, arising out of Jengraimukh P.S. Case No. 16/2020. It is to be noted here that vide impugned judgment and order, dtd. 3/3/2023, the learned Special Judge, Majuli had convicted the appellant under Sec. 10 of the POCSO Act and sentenced him to suffer rigorous imprisonment for five years and also to pay a fine of Rs.10,000.00 (Rupees ten thousand) only, in default to suffer S.I. for one month.

(3.) The background facts, leading to filing of the present appeal, are adumbrated herein below:-