DILIP GOUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned Amicus Curiae for the appellant. Also heard Ms. S.H. Bora, learned Addl. Public Prosecutor, Assam for the State respondent.

(2.) This appeal has been preferred from the jail against the judgment and order of conviction passed by the learned Special Judge, Udalguri in Special POCSO Case No.05/2019, arising out of Mazbat P.S. Case No.58/2018 and convicted the accused/appellant under Sec. 376(2)(k) IPC and Sec. 6 of the POCSO Act and applying the provision under Sec. 42 of the POCSO Act, the accused was sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.10,000.00 (Rupees ten thousand) only, with default stipulation, under Sec. 6 of the POCSO Act. It is also observed by the learned Special Judge, Udalguri that though initially the charge was framed against the accused appellant under Sec. 376(2)(I) IPC by his predecessor but considering the mental and physical disability of the victim, the charge is accordingly altered at the time of passing the judgment and accordingly he is convicted under Sec. 376(2)(k) IPC and Sec. 6 of the POCSO Act.

(3.) The prosecution case in brief is that a girl of 12 years old, who is deaf and dumb is the victim of this case who was alleged to have been raped by the accused appellant on 24/10/2018 at about 3 p.m. in her own house, while the victim was alone. To that effect, her father Mochahari lodged an FIR at Mazbat Police Station on 24/10/2018 itself, which is accordingly registered as the Mazbat P.S. Case No.58/2018, under Sec. 376AB IPC, read with Sec. 6 of the POCSO Act.