ASHRAFUL SHEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Bora, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent No. 1 and Mr. A. Phukan, learned Amicus Curiae for the respondent No. 2.

(2.) This is an appeal under Sec. 374(2) read with Sec. 482 of the Code of Criminal Procedure, 1973 against the impugned judgment and order dtd. 29/8/2023, passed by the learned Special Judge, Bila-sipara, Dhubri in Special (POCSO) Case No. 38/2019, whereby the appellant has been convicted under Sec. 4 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 8 (eight) years and also to pay a fine of Rs.10,000.00 (Rupees ten thousand), in default, to suffer Simple Imprisonment for 2 (two) months and also convicted under Sec. 376 of the IPC.

(3.) The prosecution case, in brief, is that on 13/2/2019, one Sorbesh Ali lodged an F.I.R. before the Chapar Police Station alleging that on 7/2/2019, at about 02.00 a.m. (late night), while his minor daughter, i.e. the alleged victim, was washing her hand and feet at the tube well after answering nature's call, the appellant herein, Ahsraful Islam, all of a sudden, hold her from backside, dragged her to the backside of their house by gagging her mouth and committed rape upon her. Thereafter, the victim, on being free herself from the grip of the appellant, made hue and cry and hearing such hue and cry, some neighboring people rushed to the place of occurrence and they also identified the appellant while he was running away. The other accused persons named in the F.I.R. gave assurance to the complainant that they will settle the matter at the village meeting, but on 12/2/2019, the appellant did not agree with the village bichar and gave threatening to the family member of the complainant following which the F.I.R. was lodged against the appellant. Upon receipt of the said F.I.R., the Officer-In-Charge, Chapar Police Station, registered a case, being Chapar P.S. Case No. 47/2019, under Sec. 4 of POCSO Act and Sec. 376 of the IPC, and started investigation. During investigation, the I.O. visited the place of occurrence, recorded the statement of the witnesses, seized the birth certificate of the victim, sent the victim to Dhubri Civil Hospital for medical examination and produced the victim before the jurisdictional magistrate and recorded her statement under Sec. 164 Cr.P.C.