LAKHI PRASAD DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Goel, learned counsel appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P. appearing for the State respondents and Ms. P. Saha, Legal Aid Counsel appearing for the respondent no.2.

(2.) This appeal has been filed against the impugned judgment dtd. 7/7/2022, passed by the Court of the Additional Sessions Judge-cum- Special Judge, POCSO, Sivasagar, in Special POCSO Case No. 08 of 2021, arising out of Sivasagar P.S. Case No. 1488/2020, by which the appellant has been convicted under S. 6 of the POCSO Act, 2012 and under Sec. 376 AB IPC. He was convicted under S. 6 of POCSO Act and was sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with a fine of Rs.10,000.00, in default to undergo R.I. for a period of 6(six) months.

(3.) The prosecution case, in brief, is that an FIR dtd. 21/12/2020 was submitted by the informant (PW-1), who is the mother of the victim girl, aged about 9 years. The FIR which had been submitted to the Officer-in- Charge of the Sivasagar police station stated that the informant's daughter (victim), returned home after receiving tuition near their home and went out at around 5.00 P.M. on 21/12/2020. The appellant called the victim to his house, on the pretext that the appellant's daughter had called the victim. Thereafter, the appellant committed a bad act on the victim. However, as the daughter of the appellant arrived at the scene, the victim was somehow saved.