BABUN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae appointed by this Court to represent the appellant in the present criminal appeal. Also heard Ms. A. Begum, learned Additional Public Prosecutor appearing for the state respondent, and Ms. N. Deka, learned Legal Aid Counsel to represent the informant/victim.

(2.) The present criminal appeal is directed against the judgment and order dtd. 10/8/2022 passed by the learned Additional Judge cum Special Judge (POCSO), Kamrup (M), in Sessions (Spl.) Case No.43/2021, whereby the appellant was convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act') and sentenced thereof to undergo Rigorous Imprisonment for a period of 25 (twenty five) years and to pay a fine of Rs.5,000.00, in default of fine, to undergo Simple Imprisonment for another 6 (six) months.

(3.) The case of the prosecution in brief is that on 12/10/2020, an F.I.R. was lodged by the mother of the victim girl, i.e., PW-1 alleging, inter-alia, that her sister-in-law informed her over the phone about 4 (four) days ago that the accused/appellant had committed rape upon the victim by threatening her, while she was living with the accused/appellant and upon asking the victim girl, she affirmed the same. Accordingly, a case was registered as Geetanagar P.S. Case No.316/2020 dtd. 12/10/2020 under Sec. 376(f) of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), read with Sec. 6 of the POCSO Act. Thereafter, the investigating officer, i.e., P.W.6 upon being endorsed to investigate the case, examined the informant/P.W.2, the victim/P.W. 1, and other witnesses and also seized the birth certificate and produced the victim/P.W.2 for medical examination as well as for recording her statement under Sec. 164 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.'). Thereafter, he also arrested the accused/appellant. After completion of the investigation, he submitted charge sheet against the accused/appellant vide charge sheet no. 24 dtd. 18/7/2021, under Sec. 376(f) of the IPC read with Sec. 5(n)/6 of the POCSO Act. Thereafter, the trial court framed the charges under Sec. 376(2)(f) of the IPC read with Sec. 5(n)/6 of POCSO Act, 2012, against the accused/appellant, on 29/12/2021, and upon the accused/appellant pleading not guilty, the trial commenced.