DILIP DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Sri. Dilip Deka, who has been convicted by judgment and order dated, 19.12.2015, passed by the learned Sessions Judge, Morigaon, in Sessions Special Case No. 22/2014, arising out of Jagiroad PS Case No. 343/2014 (corresponding to GR Case No. 2250/2014), under Sections 448/376 (2) (h) IPC, read with Section 4 of the Protection of Children from Sexual Offences Act, (hereinafter referred to as POCSO Act), to suffer S/I for 10 (ten) years and to pay a fine of Rs. 5,000/- (rupees five thousand), i/d, to suffer S/I for another 6 (six) months.

(2.) I have heard Ms. B Sarma, learned Amicus-Curiae for the accused/appellant. I have also heard Mr. N K Kalita, learned Additional PP for the state.

(3.) The victim, PW3, is a minor daughter of the informant. On 27.10.2015, at about 3:00 pm, while the father of the victim went out for work and the mother went to the house of the accused/appellant, the elder brother of the father of the victim, came to the house of the informant. The victim was alone in her house. He gagged her and penetrated his finger into the vagina of the victim. After putting off her clothes, when she raised alarm, the neighbours came out and the accused/appellant fled away from the place of occurrence. On the basis of such facts, the informant/PW2, lodged the FIR with the Jagiroad Police Station, which after registration of the case under Section 448/370(2)(h) read with Section 4 of the POCSO Act, investigated into it, collected evidence and finally submitted charge-sheet against the accused/appellant under the aforesaid sections of law.