BENGUWA PANIKA @ TOPIWALA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Ms. P. Baruah Bordoloi, the learned counsel Amicus Curiae appearing on behalf of the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.

(2.) The present appellant was convicted under section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo rigorous imprisonment of 10(ten) years with a fine of Rs. 5,000/-(Rupees five thousand) only and in default of payment of fine, he shall undergo with rigorous imprisonment of one year in Sessions Case No. 223/2013 under Section 6 of the POCSO Act by the learned Court of Sessions Judge at Golaghat. Being aggrieved by the said judgment and order dated 11.09.2014 the accused/appellant has preferred this appeal from jail.

(3.) The case of the prosecution is that the Officer in-charge of Sarupathar PS on receipt of a ejahar from the informant, Arjen Bhumij of Latajuri village under Barpather PS on 10.09.2013 wherein he stated that on 01.09.201 child "P.B." (name not disclosed) aged 7 years while staying alone in the house, the accused appellant Benguwa Panika @ Topiwala of the same village lifted the said child from the house to the nearby jungle and committed rape on her. On hearing the cry of the said child, the neighbors rushed there and the accused person fled away from there. There was a delay in lodging the FIR on the ground that the informant intended to hold a 'bichar' after apprehending the accused person and due to illness of his wife. On receipt of the ejahar, the O/C Sarupathar police station made the GD entry No. 173 dated 10.09.2013 and forwarded the same to the O/C Borpathar PS as the place of occurrence falls under the jurisdiction of Borpathar PS. After registering Borpathar PS Case No. 176/2013 under Section 376(2)(f) of IPC, investigated the case and on completion, submitted the charge-sheet under Section 376(2)(f) of IPC read with Section. 4 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as POCSO Act, 2012) against the accused/appellant. During the trial, charge was framed under Section 6 of the POCSO Act, 2012 and the contents of the charge was read over and explained to him to which the appellant pleaded not guilty and claimed to be tried.