LAKHINDRA GOGOI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. P. Baruah Bordoloi, the learned Amicus Curiae appearing for the appellant as well as Ms. SH Bora, the learned Additional Public Prosecutor, Assam for the State.

(2.) This appeal from jail is filed by the appellant-accused, who is convicted for an offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POSCO Act') vide judgment and sentence dated 12.08.2016 passed by the learned Special Judge, Tinsukia in POSCO Case No.40(CH)/2015 by which the appellant was sentence to undergo rigorous imprisonment (RI for short) for 10 years and also to pay fine of Rs.1,000/-, in default, to undergo further rigorous imprisonment for 6 months. In this judgment, the relevant names are not given for the purpose of withholding the identity of the minor victim girl as per the requirement of law.

(3.) In brief, the prosecution case is that the informant 'A' (name is withheld) lodged an FIR with the Officer-in-Charge, Na-Sadiya Police Outpost on 27.11.2015, stating that the appellant-accused had lured his daughter 'X' (name is withheld) at about 1:30 PM on 25.11.2015 (Wednesday) into his house and committed bad act on her. Her daughter had informed him and other family members on that day and he lodged the ejahar with Athmile Police Outpost and requested for necessary action. On receipt of the said ejahar, it was numbered as Sadiya PS Case No. 82/2015 under Section 363/366(A)/376(2)(i) read with Section 6 of the POCSO Act.