AZHAR HUSSAIN Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) AND ORDER - This is an appeal against the judgment and order, dated 22.5.2015, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 55(T)/2014, convicting the accused-appellant to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000, in default to suffer rigorous imprisonment for 6 months for offence under section 376(2)(i) of the IPC as well as to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000, in default to suffer rigorous imprisonment for 6 months for offence under section 4 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO'). Both the sentences are ordered to run concurrently.

(2.) Heard Mrs. R.D. Mozumdar, learned amicus curiae as well as Mr. N.K. Kalita, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The prosecution case, as unfolded during the trial, is that the 8 years old daughter of the informant and his son Sahid Fakir used to go to the house of the accused-appellant Md. Azhar Hussain as his sister-in-law Smt. Helina was their tutor for last 3 months. The accused-appellant pinched aforesaid Sahid Fakir/brother of the victim, while both of them were leaving the house of the accused-appellant after the tuition, leaving his sister/victim there at about 7 p.m. on 19.5.2013. Then, the accused-appellant took the victim to his house and committed rape on her person, which the informant/father of the victim came to know on 19.5.2013 in the late evening after he was told about the same by his wife. On being asked, the victim also told to the informant/father that prior to 19.5.2013 also, the accused-appellant raped the victim.