MOTIOR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the accused petitioner and Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State and Mr. K.P. Pathak, learned Amicus Curiae for the respondent No. 2.

(2.) This Criminal Appeal is directed against the Judgment dtd. 9/1/2023 and Sentence dtd. 10/1/2023 passed by the learned Special Judge, Goalpara under the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') sentencing the accused petitioner to suffer Rigorous Imprisonment for a period of 7 years and to pay fine of Rs.15,000.00 only in default, to suffer RI for a period of 6 months under Sec. 10 of POCSO Act and to suffer RI for a period of 3 years and to pay fine of Rs.10,000.00 only in default, to suffer SI for a period of 3 months under Sec. 12 of POCSO Act.

(3.) The prosecution case in brief is that Ms. Rukiya Khatun of village-Khonar Pubpar submitted a written Ejahar on 19/5/2019 alleging inter alia that on 18/5/2019 @ 2:30 pm her 7 years old minor daughter (henceforth referred to as V) who was alone in the house when A1 entered inside and took her to the kitchen where A1 started undressing her by gagging her mouth. In the meantime, the Informant returned home and not finding V started to call her by her name. And V came out by opening the door of the kitchen and reported to her that A1 had tried to commit bad acts with her after making her lie on the ground. The Informant then found A1 underneath her house and A1 came out and fled away therefrom.