PRANJAL DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dev, learned Amicus Curiae for the accused/appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam representing the State respondent.

(2.) The present appeal has been preferred by the appellant from inside the jail who has been convicted by the learned Sessions Judge, Dhemaji on 02.11.2017, in Sessions Case No.65(DH)/2015, u/s.366(A)/376 of the IPC, read with Section 4 of the Protection of Children From Sexual Offences Act, 2012 (in short 'the POCSO Act'), whereby the accused/ appellant has been convicted u/s.366/376(1) of the IPC to undergo R.I. for five years and to pay a fine of Rs.1000/-, in default R.I. for another two months u/s.366 IPC and R.I. for seven years and to pay a fine of Rs.1000/-, in default R.I. for another two months u/s.376(1) IPC and the sentences will run concurrently.

(3.) The prosecution case as unfolded at the trial is that on 12.03.2015, Smti. Saraswati Pawe of village Kapahtoli under Dhemaji P.S. lodged an ejahar with the Dhemaji police station alleging inter alia that on 06.03.2015, at about 12 O'clock noon, her minor daughter named Riya Pawe (victim girl) (real name concealed), aged about 12 years along with her friends Smti Monika Narah and Smti Sulu Narah had gone to Sisiborgaon Centre to drop a friend of theirs at the examination venue and were returning home on bicycle with her friend Monika. lt is alleged that, on the way accused persons namely Pranjal Doley and Johor Doley, coming on a motor bike forcibly dragged her down from the bicycle and got her seated on the motor bike and took her away. Accused Pranjal Doley took her to his maternal uncle's house and kept her confined for about six days and committed rape on her. The complainant was searching for his daughter and with the help of VDP could trace out her daughter and recovered both the accused and the victim and handed them over to the Police Station.