AJAY TAMULY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Agarwal, learned Amicus Curiae appearing for the appellant and also heard Ms S Jahan, learned Addl. Public Prosecutor appearing on behalf of the State of Assam.

(2.) The informant Duleswar Phukan lodged an ejahar/FIR before the I/c, Borholla P.S. alleging inter alia that on 05.08.2013 at about 9.00 A.M., he left his daughter in the school. At that time there was none present inside the school when the accused Ajay Tamuly taking advantage of absence of students and other people in the school grabbed his daughter, threatened her that she would be killed if she shouts for help and thereafter the accused committed rape upon his minor daughter. After the incident his daughter ran to home crying and informed the incident to her mother.

(3.) On receipt of the aforesaid FIR by the In-charge, Panikheti O.P. under Borholla P.S., the same was entered as vide G.D. Entry No. 64 dated 05.08.2013 and it was forwarded to the Officer-in-Charge, Borholla P.S which was registered as Borholla P.S. Case No.39/2013 under Section 376 of IPC read with Section 6 of the Protection of Children From Sexual Offences Act, 2012 (in short 'POCSO Act').