(1.) Heard Mr. P.K. Munir, learned counsel for the appellant and Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the State. Mr. K. P. Pathak, learned counsel appears for the respondent No. 2.
(2.) This is an appeal against the judgment dtd. 26/9/2023 passed by the learned Special Judge, POCSO at Golaghat in Special POCSO Case No.25/2022, arising out of Golaghat P.S. Case No.69/2022, by which the appellant had been convicted under Sec. 6 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for life with a fine of Rs.50,000.00, in default, to undergo rigorous imprisonment for 3 (three) months.
(3.) The case against the appellant is that he had raped the victim girl who was an alleged minor, due to which the appellant has been convicted under Sec. 6 of the POCSO Act, 2012. The ossification test that had been conducted on the victim shows that she was between 16 and 18 years during the time the incident of rape had occurred. Keeping in view the decision of the Supreme Court in the case of Ram Suresh Singh Vs. Prabhat Singh @ Chhotu and Anr. reported in (2009) 6 SCC 681 and Jyoti Prakash Rai @ Jyoti Prakash Vs.State of Bihar, reported in (2008) 15 SCC 223, the age determined by an ossification test not being a precise one and therefore a 2 year margin of error may be applied on either side of the age of the victim.
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