RAJAT RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J Kalita, learned counsel for the accused appellant. Also heard Mr. R R Kaushik, learned Additional Public Prosecutor, Assam for the State as well as Mr. A Tewari, learned Amicus Curiae for the respondent No. 2.

(2.) This appeal is directed against the judgment and order dtd. 27/3/2023 passed by the learned Special Judge (POCSO), Baksa, Mushalpur in Special POCSO Case No. 7/2021 arising out of Barama P.S. Case No. 39/2021 under Sec. 376(3) IPC read with Sec. 6 of the POCSO Act, whereby the accused appellant has been convicted to undergo rigorous imprisonment for life, which shall mean for the remainder of the natural life of the said convict and to pay a fine of Rs.20,000.00, in default to undergo R.I. for 1 year under Sec. 6 of the POCSO Act.

(3.) The brief facts of the prosecution case are that PW-1 lodged an FIR on 5/5/2021 alleging, inter alia, that around 6-7 months back the accused/appellant forcibly committed rape on his 15 year old daughter, i.e., victim-x, in absence of other members at home, resulting in her pregnancy. It is further alleged by the prosecution that upon learning about the entire incident from the victim-x, he lodged the FIR. Accordingly, a case was registered being Barama P.S. Case No. 39/2021 under S. 376 IPC read with S. 4 of the POCSO Act.