KAMAKHYA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Present appeal is directed against the judgment and order of learned Special Judge, Bajali Patsal in Sessions Case No. 150/2015, under section 248/354 of IPC read with section 4 of the POCSO Act 2012, dated 1.02.2015 whereby the accused appellant has been convicted under section 448 IPC r/w Section 4 of the POCSO Act.

(2.) I have heard Mr. A. Camua, learned amicus curie for the appellant and also heard Mr. B. Sarma, learned Addl. P.P.

(3.) The prosecution case in nutshell is that on 15.03.2015 in the afternoon at about 5 pm, while victim (name withheld) was alone at her house, accused Kamakhya Roy @ Lele forcefully committed sexual inter-course with her. In the mean time, mother of the victim reached home and saw the aforesaid act of sexual inter-course with the victim and caught him and tried to tie him with rope. However, accused was able to escape by assaulting the mother of victim. An FIR was lodged by the mother of the victim with the I.C Pathsala police out post under Patacharkuchi P.S Case No. 101/2015 and investigation was started for offence under section 448/376 of IPC.