AKSHAY SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K.Das, learned counsel appearing for the appellant, Mr. B. Sarma, learned Addl. Public Prosecutor, Assam and Mrs. Rituja Dutta, learned counsel appearing for respondent no.2/informant.

(2.) This appeal has been preferred against the judgment and order dated 16.3.2015 rendered by the learned Sessions Judge, Kamrup (M) in Sessions case No.252/2013 convicting the appellant under Section 376(2)(i) IPC r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo rigorous imprisonment for 10 (ten) years and pay fine of Rs.10,000/- and in default to suffer rigorous imprisonment for another period of 2(two) months.

(3.) The prosecution story in brief is that the respondent no.2/informant lodged an FIR before the Officer-In-Charge, Dispur Police Station alleging that on 19.1.2013 at about 7 p.m. her daughter aged about 5 years reported to her that she could not pass urine. On enquiry about the reason of her difficulty in passing urine, the victim child disclosed that the appellant/accused penetrated finger into her private part, for which she sustained injury and attempted to commit sexual intercourse with her. On receipt of the FIR Dispur P.S.Case No.134/2013 U/S 376(f)/511 IPC was registered. During investigation the victim girl was sent for medical examination and her statement was recorded U/S 164 CrPC. On completion of investigation, the I.O. submitted charge-sheet against the accused appellant U/S 376(f)/511 IPC read with Section 6 of the Children From Sexual Offence Act, 2012 (POSCO).