HAMEDUR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor and Mr. S. Islam, learned counsel for the informant.

(2.) Invoking the jurisdiction of 528 of the BNSS, the petitioner is seeking quashing of criminal proceedings by way of Fakirganj PS Case No. 16/2025 (GDE No. 10 dtd. 1/2/2025); charge sheet No. 44/2025 dtd. 30/4/2025 submitted after completion of investigation in the said case under Sec. 329(4)/64/351(2) of the BNS read with Sec. 4 of the POCSO Act.

(3.) The case had arisen out of an FIR dtd. 1/2/2025 lodged by the father of the alleged victim girl with the allegation that on 29/1/2025 at 4 PM, while his wife was absent at home, the accused petitioner entered their house and committed rape upon her daughter while she was alone and thereafter, he escaped and threatened her not to disclose the incident. It is further alleged that in the evening he came to know about the incident and also that her clothes were torn at that time.