JEMS BHANGRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sharma, learned Amicus Curiae appearing for the appellant and also heard Mr. B. Gogoi, learned Addl. Public Prosecutor appearing on behalf of the State of Assam.

(2.) Sri Jakariyas Topno, the father of victim girl, lodged Ejahar/FIR before O/C Borbholla Police Station stating inter-alia, that on 07.08.2016 at about 8.00 P.M. while he was absent in his house, the accused came to their house and took his minor daughter towards shop intimating the same to his wife. Thereafter, the accused took her to an isolated place and committed rape upon his daughter.

(3.) On the basis of said FIR, Borholla P.S. Case No. 69/2016 under Section 376 of IPC read with Section 6 of The Protection of Children From Sexual Offences Act (POCSO), 2012, was registered. The victim was examined medically during the course of investigation and she was also produced before the learned Magistrate to record her statement under Section 164 of CrPC. On completion of investigation, the Police submitted charge-sheet against the accused person, Jems Bangra u/s. 376 IPC read with u/s. 6 of the POCSO Act, 2012.