SHIV CHARAN TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Sri Shiv Charan Talukdar, who has been convicted by judgment and order dated 30.09.2016, passed by the learned Sessions Judge, Nalbari, in Special (P) Case No. 06/2016, arising out of Mukalmua Police Station Case No. 10 of 2016, under Section 376(2)(i) of the IPC, to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for another period of one month and also to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 500/-, in default, simple imprisonment for another period of one month, for the offence under Section 4 of the POCSO Act. Sentences are ordered to run concurrently.

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

(3.) The prosecution case is based on the fact that the victim, aged about 13 years, was dragged from the road to the agricultural field, at about 9.00 p.m. on 12-01-2016. There the accused-appellant committed rape on her, and thereafter, released her at about 1.00 a.m. in the next morning.