SADDAM HUSSAIN Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dated 10.2.2016 passed by the learned Sessions Judge, Golaghat in Special (POCSO) Case No. 31/2015 convicting the accused appellant under Section 6 of the POCSO Act and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/- in default of payment of fine , S.I. for another one month and further convicting him for offence Under Section 366 Indian Penal Code and sentencing him rigorous imprisonment for a period of seven 2 years and also fine of Rs. 2000/-, in default of fine S.I. for another 10 days. Sentence of both the counts will run concurrently.

(2.) One Smti July Begum, the mother of the victim girl lodged an FIR on 30.9.2014 before O/C Golaghat Police Station to the effect that her daughter was kidnapped by the accused appellant Saddam Hussain on 29.9.2014 at about 4.30 PM. On these facts Golaghat P.S. Case No. 804/2014 was registered and criminal law was set into motion. The victim girl was examined by the doctor and her statement was recorded Under Section 164 Criminal Procedure Code, 1973. On completion of the investigation charge-sheet was laid against the accused appellant Under Sections 366(A)/376/344 Indian Penal Code read with Section 4 of POCSO Act.

(3.) The accused appellant was produced before the trial Court and he stood the trial. After hearing the learned counsel for the parties charges Under Section 366 Indian Penal Code read with Section 6 of the POCSO Act framed and explained to the accused person to which he pleaded not guilty.