MANSUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Bhattacharyya, learned counsel for the accused appellant. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing for the respondent No.1 and Ms. D. Ghosh, learned Legal Aid Counsel appearing for the respondent No.2.

(2.) This appeal has been preferred by the accused appellant against the judgment and order dtd. 19/12/2023, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Morigaon in POCSO Case No.59/2019 (corresponding to Morigaon P.S. Case No.25/2017), whereby the accused appellant was convicted and sentenced to undergo rigorous imprisonment for 7 (seven) years and a fine of Rs.5,000.00 (Rupees Five Thousands) under Sec. 10 of the POCSO Act with default stipulation and rigorous imprisonment for 1 (one) year and a fine of Rs.500.00 (Rupees Five Hundreds) under Sec. 341 of the IPC with default stipulation and the period of detention, undergone by the accused appellant during the trial and investigation shall be set of.

(3.) The prosecution case, as revealed from the ejahar lodged by the informant (the mother of the minor victim) is that on 15/1/2017 before the Officer-in- Charge of Morigaon Police Station stating inter alia that on that day at about 8:00 a.m., accused appellant Monsur Ali of their village threw her 12-year-old daughter Miss "X" (name is withheld and herein after referred to as victim girl) forcefully on the ground and opened her wearing pant and kissed on her face. Thereafter the accused appellant after taking out his private part started committing sexual relation. At that time the victim girl raised hue and cry and somehow saved herself from the clutches of the accused appellant.