UMAKANTA SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the appeals having arisen from the same judgment and order are considered and heard together and are disposed of by this common judgment and order. While Crl.A./92/2023 is a regular appeal, the other appeal being Crl.A.(J)/65/2024 is preferred from jail. By the impugned judgment and order dtd. 23/2/2023, the learned Special Judge, Jorhat, passed in Special Case No. 29/2019 under Ss. 376/354A/34 IPC read with Sec. 4 of the POCSO Act, 2012, convicted the appellants under Sec. 4 (2) of the POCSO Act, 2012 and sentenced them to undergo rigorous imprisonment for a period of 20 years and fine of Rs.10,000.00 (Rupees Ten Thousand) in default of fine to simple imprisonment of 1 year.

(2.) The criminal law was set into motion by lodging of an Ejahar by PW-1, who is the mother of the victim. It has been stated in the Ejahar, lodged on 11/6/2019, that on 6/6/2019 her minor daughter was raped by the two accused persons. It was alleged that she was shown pornographic videos on the phone. Based on the said Ejahar, the FIR was registered and investigation was done, leading to laying of a charge-sheet. The statement of the victim was also recorded under Sec. 164 of the CrPC. The charges were, accordingly framed and on pleading not guilty by the two accused persons, the trial had begun, in which evidence of seven numbers of prosecution witnesses were adduced.

(3.) The informant, who is the mother of the victim, had adduced evidence as PW- 1.She had deposed that on happening of the incident, the victim was first taken to the Kathalguri Tea Estate Hospital, from where she was referred to the Jorhat Medical College Hospital. However, the Jorhat Medical College Hospital had asked for lodging of an Ejahar first, which was accordingly done. She had also stated that statement of her daughter under Sec. 164 of the CrPC was recorded. The said PW-1 was subjected to cross-examination.