MADHURJYA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B.N. Gogoi, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Advocate and Additional Public Prosecutor, Assam assisted by Ms. J. Saikia, learned counsel for the respondent no.1 and Ms. M. Barman, learned Legal Aid Counsel for the respondent no.2, who is the informant (mother of the victim).

(2.) The present appeal is against the impugned judgment dtd. 14/12/2022 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.28/2022, arising out of Sivasagar P.S. Case No.129/2022, by which the appellant Madhurjya Hazarika has been convicted under Sec. 6 of the POCSO Act, 2012 and under Sec. 366 of IPC and sentenced to undergo rigorous imprisonment for life, which means imprisonment for the remainder of his natural life and also to pay a fine of Rs.10,000.00 (Rupees ten thousand), in default rigorous imprisonment for 3 (three) months under Sec. 6 of the POCSO Act, 2012. The appellant has also been sentenced to undergo rigorous imprisonment for a period of 10 (ten) years with a fine of Rs.5,000.00 (Rupees five thousand), in default rigorous imprisonment for 2 (two) months under Sec. 366 of IPC. Both the sentences were directed to be run concurrently.

(3.) The prosecution case in brief is that an FIR dtd. 18/3/2022 was submitted by the Prosecution Witness (PW) No.2, who is the mother of the victim to the Officer-in-Charge, Sivasagar Police Station, stating that her daughter had left their home at around 01:00 p.m. on Friday, i.e. 18/3/2022 to celebrate Holi at a nearby location. However, she had not returned home even till 07:00 p.m. Despite making an extensive search for her, they had not been able to locate the victim. The FIR stated that her daughter was 13 years of age with a height of approximately 4 feet. She was fat and had a fair complexion. Pursuant to the FIR, Sivasagar P.S. Case No.129/2022 under Sec. 366 of IPC was registered and one Manurupa Chutia (PW-9) was entrusted to investigate the case.