SURUJ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Poddar, learned counsel for the appellant, Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam for the State and Mr. S.D. Purkayastha, learned Amicus Curiae for the respondent No.2.

(2.) This is an appeal filed under Sec. 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short BNSS), filed by the appellant against the impugned judgment and order dtd. 13/6/2025 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon in POCSO Case No.106/2024, by which the appellant was convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO) and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.30,000.00 and in default to undergo rigorous imprisonment for 03(three) months.

(3.) The case of the Prosecution in brief is that an F.I.R was lodged by one Musstt. Banesa Khatun before the Officer-in-Charge, Morigaon Police Station on 19/5/2024 to the effect that the appellant, who is the father-in-law of her elder daughter, on 18/5/2024 at about 01:00 P.M, came to their house along with her said daughter and stayed for the night in their house. That her husband, the appellant and the victim, aged 12 years, slept in one bed in a room, while she and her other daughters slept in another bed in another room. At about 11:30 P.M, she and her husband went out in search for their cow which was missing from the cow shed and returned back home after about 45 minutes. On returning, her husband found the victim sitting and crying on the bed on which the appellant was sleeping. Her husband then asked the victim as to why she was crying and to which she told him that her stomach was paining. He then told the mother of the victim to see what had happened to her. The victim then in tears disclosed that the appellant had gagged her, forcefully removed her panty and raped her. She further stated that the appellant threatened to kill her by strangulating her, if she told anyone about the incident. Then they immediately called their neighbours and informed them about the incident, apprehended the appellant and informed the police. Thereafter, she requested the police to take necessary action against the appellant for the heinous crime committed by the appellant.