MD. SHAH ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B.R.A. Sultana, learned Legal Aid Counsel for the appellant and Ms. B. Bhuyan, learned Senior Counsel/Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This appeal is directed against the judgment and order dtd. 7/6/2024 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon (hereinafter referred to as the "trial court") in POCSO Case No. 269/2023 under Sec. 376(3) of the Indian Penal Code (hereinafter referred to as the "IPC"), read with Sec. 6 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as the "POCSO Act"), whereby the accused/appellant has been convicted to undergo rigorous imprisonment for 20 (twenty) years and also to pay a fine of Rs.10,000.00 (rupees ten thousand only), in default to undergo further rigorous imprisonment for 3 (three) months under Sec. 6 of the POCSO Act.

(3.) The prosecution case, as it unfolds from the F.I.R. lodged by the PW-2, i.e., the father of the victim, is that on 18/7/2023 the accused/appellant had taken his minor daughter/victim, aged about 14 years, to his house situated on the bank of the fishery behind their house by luring her and then committed rape on her in the said house. Accordingly, a case was registered as Jagiroad P.S. Case No. 220/2023 under Sec. 376 (3) of the IPC read with Sec. 6 of the POCSO Act. Thereafter, the Investigating Officer, i.e., PW-7, investigated the case wherein he examined the victim, other witnesses, and the accused person and has also seized the school certificate of the victim proving the victim to be a minor, and after sending the victim for medical examination as well as recording her statement by the jurisdictional Judicial Magistrate under Sec. 164 of the Cr.P.C., submitted a charge-sheet vide Charge-Sheet No. 179/2023 under the aforesaid Sec. against the accused/appellant. The trial court thereafter framed charges under Sec. 376 (3) of the IPC read with Sec. 6 of the POCSO Act, and upon explaining the same to the accused/appellant, he pleaded not guilty and claimed to stand the trial.