ANUJ KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This instant Appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Sec. 415 of the BNSS] against the judgment and order dtd. 4/6/2022 passed by the learned Addl. Sessions Judgecum-Special Judge (POCSO), Sivasagar in Case No. Special POCSO 36/2021 whereby the appellant has been convicted under Sec. 6 of the Protection of Children from Sexual Offences (hereinafter referred to as POCSO) Act and sentenced to undergo Rigorous Imprisonment for a term of 20 years and to pay a fine of Rs.10,000.00(Rupees Ten Thousand) only in default of fine, to undergo Rigorous Imprisonment for a period of 6 (six) months.

(2.) The criminal law was set into motion by lodging of an Ejahar by the mother of the victim (PW-1), alleging inter alia that she had sent her daughter to a nearby shop owned by the appellant to bring some articles. Upon not returning for a long time, she sent her elder daughter to the said shop. Thereafter, she had come to learn that the shopkeeper had inserted his finger in the victim's vagina and on asking, she narrated everything and said that the shopkeeper had offered her some chips and toffees to not disclose about the incident at home.

(3.) Thereafter, PW1 along with few others had gone to the shop and questioned the appellant regarding the incident on which, he asked for forgiveness. His wife and mother too had asked for forgiveness. Based on the aforesaid Ejahar which was received by the police station on 10:05 PM on 28/7/2021, the investigation had begun when the victim was sent for medical examination.