AFTAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the appellant assisted by Mr. I.U. Choudhury, learned counsel. Also heard Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam assisted by Ms. R. Das, learned Counsel.

(2.) This is an appeal against the impugned judgment dtd. 14/11/2024 passed by the Special Judge, Udalguri, in Special (POCSO) Case No.21/2022, by which the appellant has been convicted under Sec. 376(AB) and Sec. 6 of the POCSO Act, 2012. The learned Trial Court by applying Sec. 42 of the POCSO Act, sentenced the appellant under Sec. 6 of the POCSO Act, 2012, to suffer rigorous imprisonment for 20 (twenty) years with a fine of Rs.20,000.00, in default, simple imprisonment for 2 (two) months. The appellant was also convicted under Sec. 342 IPC for wrongful confinement of the victim and sentenced to suffer rigorous imprisonment for 1 (one) year.

(3.) The Prosecution case in brief is that an FIR dtd. 6/6/2021 was submitted to the Officer-in Charge of the Orang Police Station, Udalguri, Assam by the father of the victim, i.e. Prosecution Witness (PW) No.1. The FIR stated that at around 12:30 noon on 6/6/2021, his daughter who was playing with her friends in the courtyard of the house of the appellant was called inside the house, where she was shown obscene videos. The appellant thereafter raped her. Frightened, the victim went home crying and narrated the entire incident to her mother. Pursuant to the FIR, Orang P.S. Case No.72/2021 under Sec. 376(3) of IPC read with Sec. 6 of POCSO Act was registered and investigation was initiated.