FAKRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Haque, learned counsel for the appellant. Also heard Mr. D.K. Bhattacharyya, learned Amicus Curiae for the informant/respondent No. 2 and Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State.

(2.) This appeal is directed against a Judgment dtd. 8/2/2023 passed by the learned Sessions Judge, Karimganj in Special Sessions Case No. 05/2020 convicting the accused/appellant under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentencing him to suffer Rigorous Imprisonment for 10 years and also fine of Rs.20,000.00 and in default of payment of fine, further Simple Imprisonment for 6 months.

(3.) The prosecution case as per the FIR inter alia is that on 26/2/2018 while the informant went to her parental home by leaving her minor daughter aged about 16 years in the nearby house, the accused by taking advantage of absence of anyone at home, committed rape on her daughter. On the subsequent day while she came to know about the said incident, after returning to home she waited for a village bichar (meeting) but as no bichar was held, she lodged the FIR.