BABUL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Barua, learned counsel, appearing on behalf of the appellant. Also heard Mr. R. J. Barua, learned Addl. P.P., representing the State of Assam as well as Mr. U. Choudhury, learned Legal Aid Counsel, representing the respondent no. 2.

(2.) The instant appeal, filed under Sec. 374 of the Cr.P.C. against the Judgment and Order dtd. 14/7/2022, passed by Additional Sessions cum Special Judge (POCSO), Sivasagar in Case No. Special (POCSO) 01/2021, arising out of Namti P.S. Case No. 27/2020, convicting the appellant/accused under Sec. 8 of the POCSO Act, 2012 (hereinafter referred to as the POCSO Act) and sentencing to undergo rigorous imprisonment for a period of 5 (five) years and also to pay a fine of Rs.5,000.00 (Rupees Five Thousand) only, in default, to undergo further rigorous imprisonment for a period of 3(three) months.

(3.) The prosecution's case is that an FIR dtd. 24/12/2020, lodged by one Brojen Gogoi (the respondent no. 2) before the Officer In charge of Namti Police Station, Sivasagar, alleging, inter alia, that their 13 years' old daughter (Ms. 'X', name not disclosed) had been lured by the appellant to go to his house without their knowledge; that on not seeing her for long, they asked their mason who was working in the entrance gate of their house, wherein they were told by him that the appellant had taken away their daughter to get a 'tegari'; that the victim girl could be seen coming crying and on being asked, she told them that the appellant had behaved indecently with her. It was also alleged in the FIR that the victim girl, on earlier occasions also told them that the appellant used to give her bad signal but they brushed those aside thinking that he must had been joking.