SOWKAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Ahmed, learned counsel for the appellant. Also heard Mr. R.J Baruah, learned Addl. Public Prosecutor for the State of Assam as well as Mr. A Dey, learned counsel for the informant/respondent No. 2.

(2.) This appeal u/s 389 of the Cr.P.C, 1973 is directed against the Judgment and Order dtd. 30/11/2021 passed by learned Special Judge (POCSO), Kokrajhar, Assam in Special Case No. 30/2018 convicting the accused/appellant u/s 6 of POCSO Act and sentencing him to undergo R.I for 10 years and also to pay a fine of Rs.10,000.00 i/d imprisonment for 1 year.

(3.) The case of the prosecution is that xxx, the paternal uncle of the victim, lodged an FIR alleging that on 18/6/2018, at about 3 PM, when the members of the house were away, accused Sowkat Ali gagged the mouth of victim and committed rape on her. After the incident the victim informed the matter to her grand-mother. On receipt of the FIR, a case under Sec. 376(2)(i)/506 IPC, r/w Sec. 6 of POCSO Act was registered and after completion of the investigation, a charge sheet was laid against the accused Sowkat Ali for commission of offence U/S 376(2)(i)/506 IPC, r/w Sec. 6 of POCSO Act. The accused person was summoned and on his appearance, copies of the relevant documents were furnished to him. The case was transferred to Court of learned Special Judge (POCSO), Kokrajhar, Assam for disposal. Upon hearing both sides, charge under Sec. -6 of POCSO Act was framed against the accused Sowkat Ali to which he pleaded not guilty and claimed trial. In the course of trial, prosecution examined 11 (eleven) witnesses. At the closure of prosecution evidence, the accused person was examined U/S 313 of the Cr.P.C. The defence plea is of total denial and the accused declined to adduce any evidence.