NASIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, the learned counsel for the appellant. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Md. Nasir Ali @ Nasiruddin Ahmed impugning the judgment and order dtd. 31/8/2019 passed by the Court of the learned Special Judge, Nalbari, in the Special (P) Case No. 1/2015, whereby the appellant was convicted under Sec. 376(2)(i) of the Indian Penal Code and Sec. 4 of POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for life under Sec. 376(2)(i) of the Indian Penal Code only in view of the provision of Sec. 42 of the POCSO Act, 2012.

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