PINKU NAMO DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the appellant. Also heard Mr. K. Baishya, learned Addl. Public Prosecutor, Assam for the State respondent No.1 and Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent No.2.

(2.) By filing this appeal under Sec. 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant has challenged the impugned judgment and order dtd. 3/9/2024, passed by the learned Special Judge, Bongaigaon in Special (P) Case No. 68 (BGN)/2023, whereby the learned Special Judge had convicted the appellant, namely, Pinku Namo Das under Sec. 10 of the POCSO Act and sentenced him to undergo rigorous imprisonment for seven (7) years and to pay a fine of Rs.10,000.00 (Rs..00Ten Thousands) only, in default of payment of fine, simple imprisonment for three (3) months.

(3.) The case set up by the prosecution in brief is that on 20/3/2023, informant Smt. Chandana Mandal lodged an FIR alleging inter alia that on 19/3/2023, at about 6:00 P.M. while her minor daughter, aged about 10 years was riding her cycle, then near the house of one Nirod Ch. Das, the accused Pinku Namo Das restrained her daughter and told her that he will teach her how to ride the bicycle and took her forcefully to the betelnut garden near the road and touched her breast and kissed her and also opened her wearing pants and touched her vagina. Hence this case.