ALTAF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the respondent No.1 and Mr. SSS Rahman, learned counsel appearing for the informant.

(2.) This is an appeal filed under Sec. 374(2) of the Cr.P.C., 1973 challenging the judgment and order dtd. 12/8/2021 passed by the learned Special Judge (POCSO), Nalbari in Special(P) Case No.16/2018 (Arising out of Nalbari P.S. Case No. 247/2018, convicting the appellant/accused under Sec. 6 of the POCSO Act and sentencing him to undergo rigorous imprisonment for a period of 10 (ten) years and to pay a fine of Rs.50,000.00 (Fifty thousand), in default to SI for 10 (ten) months.

(3.) On 14/04/2018 informant Latifa Bibi lodged an ejahar before the O/C, Nalbari PS, stating inter alia that, on that day at about 3:00 PM, when her 7-year-old daughter (hereinafter referred to as victim or X') went to see TV in the house of Altaf Ali, taking the advantage of absence of other people in the house, the accused raped the victim. Hence, this case.