BABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (CrPC for short) takes exception to the Judgment and order dtd. 15/3/2019 passed by the learned Special Judge, Morigaon, in connection with Special Sessions (POCSO) Case No. 11/2015 under Ss. 376(2) (i) of the Indian Penal Code, 1860 (IPC for short) read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act for short). The appellant was convicted under Sec. 376 (2) (i) of the IPC, read with Sec. 4 of the POCSO Act and sentenced to undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.2,000.00 (Rupees Two Thousand) with default stipulation.

(2.) The genesis of the case was that an FIR dtd. 4/9/2013 was lodged with the police at Laharighat Police Station (PS for short) by the informant-say 'Y' alleging inter alia that Babul Hussain (hereinafter, also referred to as the appellant), a pan shop owner committed sexual assault on the 10 year old daughter of the informant, who will hereinafter be referred to as the victim or 'X'.

(3.) A Laharighat PS Case No. 209/2013 was registered under Sec. 376 IPC read with Sec. 6 of the POCSO Act and the Investigating Officer (IO in short) embarked upon the investigation. He recorded the statements of the witnesses and forwarded the victim for recording her statement under Sec. 164 CrPC and also for medical examination. On finding a prima facie case against the appellant, charge sheet was laid against him under Sec. 376 IPC.