JAWNGBLAM NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Sri Jwngblao Narzary, who has been convicted by judgment and order dated 05.08.2015, passed by the learned Special Judge, Kokrajhar, in Special Case No. 3/2014, arising out of GR Case No. 217/2014, under Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), to suffer rigorous imprisonment for ten years and pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for further period of six months.

(2.) I have heard Ms. B Sarma, learned Amicus Curiae, appearing on behalf of accused-appellant, and Mrs. SH Baruah, learned Additional Public Prosecutor, Assam.

(3.) The fact of the case is that, on 05.06.2014, the victim, aged about 12 years, a student of Class-V, came to a shop at Narenguri from her house, riding a bicycle, to purchase some articles. She purchased the articles and was returning home at about 6.10 p.m. The accused Jawngblam Narzary restrained her on her way, gagged her and took her to the nearby jungle and committed rape on her. She came back home and narrated the incident to her mother.