RAVI KUMAR BHOWEL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the appellant. Also heard Ms. A. Begum, learned Addl. P.P., Assam, appearing for the State and Mr. A. Ahmed, learned Amicus Curiae appearing for the respondent no. 2.

(2.) The present appeal has been filed against the impugned judgment dtd. 22/11/2023, passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Kamrup(M), Guwahati, in Sessions Special Case No.46/2022, by which the appellant has been convicted under Sec. 376(2)(f) of the IPC and Sec. 6 of the POCSO Act. The appellant was thereafter sentenced to undergo Rigorous Imprisonment for 25 years and to pay fine of Rs.20,000.00, in default, to undergo Simple Imprisonment for 6 months, under Sec. 6 of the POCSO Act, in terms of Sec. 42 of the POCSO Act.

(3.) The prosecution case, in brief, is that the informant (PW-2), who is also the son of the accused appellant, submitted an FIR dtd. 4/5/2022, to the O/c of the All Woman Police Station, Panbazar, Guwahati, stating that his father, who had married another woman having 3 children, had raped one of them, who was 17 years old, for the last 4 years. However, the victim could not tell anyone and she had recently told him about the same, as it had become unbearable. In pursuance to the FIR, All Woman P.S. Case No.30/2022 under Sec. 376(2) (f) of the IPC read with Sec. 6 of the POCSO Act was registered.