HAFIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Rahman, learned counsel for the appellant. Also heard Ms. A. Begum, learned Addl. P.P., Assam for the State and Ms. L. Devi, learned Legal Aid Counsel appearing for the respondent No.2, who is the mother of the victim.

(2.) This appeal is against the judgment dtd. 13/05/2021 passed by the Court of the learned Additional Sessions Judge, Dhubri in Special Case No. 9/2019, by which the appellant has been convicted under Sec. 6 POCSO Act and sentenced to undergo rigorous imprisonment for life with a fine of Rs.5000.00, in default, simple imprisonment for 6(six) months.

(3.) The prosecution case is that on 30/9/2018, PW-2 submitted an FIR dtd. 30/9/2018 to the Officer-in-Charge, Dhubri Sadar Police Station, stating that she had come to learn that on 30/9/2018, at around 5 a.m., the appellant had called her daughter of 15 years, by way of a mobile call from number 9101584490 on the pretext of marrying her. However, the appellant in collusion with 4 unknown persons gagged her daughter (PW-3) and took her to an unknown place in Dharmasala Part-IV. After raping PW-3 (victim), the appellant handed over PW-3 to the four unknown persons. When they tried to rape PW-3 and had outraged her modesty by removing her clothes, PW-3 ran away to save her life and took shelter in the house of a family in the village. On her daughter being noticed by members of the family in the village, they questioned her. Then the appellant arrived at the village looking for PW-3. On being identified by PW-3, the appellant was detained by the villagers.