BIREN NAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae, for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel APP, Assam and Ms. M. Barman, learned Amicus Curiae for the Respondent No. 2.

(2.) This is an appeal against the impugned judgment dtd. 17/7/2023 passed by the learned Special Judge, POCSO, Karbi Anglong, Diphu, in POCSO case No. 27/2022, arising out of Bokajan PS Case No. 80/2022, by which the appellant has been convicted under Sec. 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.10,000.00, in default, to undergo simple imprisonment for 2 months.

(3.) The facts of the case in brief, is that one Noha Chawria (PW-1/informant) submitted an FIR dtd. 10/9/2022 to the Officer-in- Charge, Bokajan Police Station, which is to the effect that the appellant had repeatedly raped the victim, who was the appellant's adopted daughter. The FIR also stated that the victim was now 13 years of age and that she had been raped since April, 2022. Further, the mother of the victim had prevented the victim from disclosing the rape to others. Unable to bear the pain, the victim had initially disclosed the matter to PW-4 on 9/9/2022 at about 10 a.m, who was a resident of the same village. When he was also informed about it, they asked the victim about it, which was confirmed to be true by the victim.