RAM PUKAR ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State respondent and Mr. S. Saikia, learned counsel appearing for the respondent No. 2.

(2.) This criminal appeal is directed against the judgment and order dtd. 31/12/2022 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), Guwahati (hereinafter referred to as the "trial court"), in Sessions Case No. 52/2021, whereby the accused/appellant was convicted under Sec. 377 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"), and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act"), and sentenced to undergo rigorous imprisonment for 20 (twenty) years each and to pay a fine of Rs.10,000.00 (rupees ten thousand) each; and in default of payment of fine, to suffer simple imprisonment for another 6 (six) months each. Both the sentences were directed to run concurrently.

(3.) The brief narration of the prosecution case is that on 6/12/2020, the informant filed an FIR in the Birubari Police Outpost under Paltan Bazar Police Station against the accused/appellant, alleging that at around 7.00 PM, the accused/appellant induced the complainant's son (aged about 5 years) to accompany him by offering him chocolate and later sent him back to his home in an injured condition after committing a sexual offence. As a result, the complainant's son was seriously injured, and blood was coming from the anus.