AJIJUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the impugned Judgment and Order dtd. 11/2/2021 passed by the learned Additional Session Judge (Special Judge) Cachar, Silchar in SPL (POCSO) Case No.42/2017 convicting the appellant under Sec. 4 of POCSO Act and sentencing him to undergo Rigorous Imprisonment for 10 (ten) years and to pay fine of Rs.10,000.00 in default to suffer Simple Imprisonment for a term of 6 (six) months and also convicted under Sec. 366 of IPC and Sentenced him to undergo Rigorous Imprisonment (R.I) for 7 (seven) years and also to pay fine of Rs.7000.00 (Rupees seven thousand) only in default to suffer Simple Imprisonment for a term of 3 months.

(2.) Prosecution case in brief is that on 10/7/2017, the informant, father of the victim lodged an FIR with the O/C, Jirighat P.S. stating inter alia that on 21/11/2016 at about 8.45 a.m. while the victim, who was a student of Class VIII aged about 13 years, was going to her school, the accused Ajijul Islam with the help of other FIR named accused persons kidnapped his daughter i.e. the victim girl forcibly. It is further alleged that as the victim girl did not return home they made searches and after some days during search the victim girl returned home and narrated the incident to her mother that while she was going to school on the way at Hawkip punjee area the accused Ajijul Islam and another FIR named accused Rais Ali along with other FIR named accused persons kidnapped her and kept her confined in a lonely place. It is further alleged that at the time of incident the informant was not at home.

(3.) Accordingly, O/C Jirighat P.S. registered Jirighat P.S. Case No. 28/2017 and he himself took up the investigation. During the course of investigation, the I.O. visited the place of occurrence, drew up a sketch map of the place of occurrence, the victim girl was recovered and he got her medically examined at SMCH, Silchar and also got her statement recorded by the Magistrate u/s 164 Cr.PC The I.O. also examined the witnesses and on completion of investigation, the I/O submitted charge sheet against the present accused person Ajijul Islam u/s 366(A) of IPC r/w Sec. 6 of POCSO Act.