ASSADUL ISLAM @ ASADUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam as well as Ms. S. G. Baruah, learned counsel appearing for the respondent/opposite party No. 2.

(2.) The instant application under Ss. 438/442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, read with Article 227 of the Constitution of India, has been filed assailing the order dtd. 11/8/2025, passed by the learned Special Judge (POCSO), Lakhimpur, in Special POCSO Case No. 143/2025, arising out of Lakhimpur Police Station Case No. 54/2025, registered under Ss. 76/65(1) of the BNS, 2023, read with Sec. 4 of the POCSO Act, 2012 (hereinafter referred to as POCSO Act), though the charge-sheet was submitted under Ss. 75(2)/64(1) of the BNS, 2023, but the learned Special Judge (POCSO), Lakhimpur framed the charge under Ss. 76/65(1) of the BNS, 2023, read with Sec. 4 of the POCSO Act. The petitioner has also assailed the order dtd. 26/6/2025, passed by the learned Sessions Judge, Lakhimpur, in Sessions Case No. 93/2025 (corresponding to Special POCSO Case No. 143/2025), whereby the learned Sessions Judge, Lakhimpur, transferred the case to the Court of the learned Special Judge (POCSO) with a direction to register the same as a POCSO case and proceed with the trial after determination of the age of the alleged victim as per law.

(3.) The facts giving rise to the instant petition, in brief, are that the informant, i.e., the opposite party No.2, lodged an FIR alleging, inter alia, that on 10/3/2025 at about 6:00 PM, her minor daughter, stated to be about 16 years of age, while returning home from her brother's house was allegedly raped by the petitioner after threatening her with a sharp weapon. It was further alleged that the petitioner threatened the victim with dire consequences in the event of disclosure of the incident.