GAUTAM NAMASUDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Chauhan, learned counsel and Mr. S. Nawaz, learned Amicus Curiae for the respondent No.2. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and sentence dtd. 16/6/2023, passed by the Learned Session Judge, Karimganj in Special Sessions Case No. 07/2020 convicting the accused/appellant U/S 376 of IPC and R/W Sec. 4 of the 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 to R.I. for another 1 (one) year.

(3.) The instant case arose out of an FIR which was lodged at Ratabari P.S. Case No. 280/2019 on 19/12/2019 alleging that on 17/12/2019 at 12, noon when none was present in her house accused entered into her house and finding her 15 years old granddaughter (victim) alone in the house gagged her mouth and dragged her to the nearby Anganwadi Center and committed rape on her. When her granddaughter screamed, the accused person fled and coming to know about it she has prayed for bichar but when nothing came out of it she lodged the instant case. On receipt of the ejahar, police registered the same as Ratabari PS Case No. 280/2019 under Sec. 4 of POCSO Act dtd. 19/12/2019 and initiated the investigation of the case and after completion of the investigation submitted charge sheet against the accused Gautam Namasudra under Sec. 376 IPC R/W Sec. 6 of POCSO Act, 2012.