JEHIRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U Mahmud, learned counsel for the convict/appellant. Also heard Mr. B. Sharma, learned Additional Public prosecutor for the State and Ms. T. Parashar, learned Amicus Curiae for the respondent No. 2/informant.

(2.) The instant criminal appeal has been preferred by the convict/ appellant, Md. Jehirul Islam against the judgment & order dtd. 03/08/2024 passed by the learned Special Judge (POCSO), Morigaon in POCSO Case No. 15 of 2018, whereby the appellant as accused was convicted under Sec. 354/341 IPC, read with Sec. 8 of the POCSO Act 2012. For such conviction, he was sentenced to undergo rigorous imprisonment for 5 years and pay a fine of Rs.5,000.00 in default, R.I for 1 month for his conviction under Sec. 354 IPC; rigorous imprisonment for 4 years and fine of Rs.5,000.00 in default, R.I for 1 month for his conviction under Sec. 8 of the POCSO Act; fine of Rs.500.00, in default imprisonment for 10 days for his conviction under sec. 341 IPC. The sentences were directed to run concurrently, and he was given the benefit of set-off.

(3.) Before the learned Trial Court, the prosecution case, in brief was that a verbal information was given by one Tapan Deka on 14/05/2018 at the Nellie Police Outpost with allegation that he had seen one boy pulling and pushing one girl with bad intention in the middle of Mokoria, Salbagan. On the basis of the said information, GDE No. 279 of 2018 dtd. 14/05/2018 was made at 05:10 PM, and the In-charge of the outpost entrusted ASI Muzammil Hazarika to proceed to the place of occurrence along with staff. Subsequently, on the same day at around 6:30 PM, a formal Ejahar was lodged by the victim herself before the In-charge of Nellie outpost with the allegation that on 14/05/2018 at around 5:00 P.M, while she was on the way from Nellie towards Mokuria by NH 37 on foot, and had reached near Nellie Salbagan, the appellant suddenly restrained her and outraged her modesty by placing his hand on her body, and he tried to forcefully pull her towards the forest, whereupon she raised a hue and cry. Some people came running to her rescue. The FIR was forwarded to the Jagiroad Police Station, whereupon Jagiroad PS Case No.186 of 2018 was registered under Sec. 341/354 IPC, read with Sec. 12 of the POCSO Act. Investigation was conducted, and upon completion of the same, police filed a charge-sheet against the appellant under the same Sec. mentioned above under which the FIR was registered. Subsequently, upon his appearance and the completion of the usual formalities as per criminal procedure, charges were framed against the appellant under Ss. 341/354 IPC read with Sec. 8 of the POCSO Act vide order dtd. 10/01/2020 the charges, upon being read over and explained to the accused, were denied by him, whereupon the trial commenced.