RITOM BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned Amicus Curiae for the accused/appellant. Also heard Mr. B.J. Dutta, 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, in Sessions Case No.78(DH)2016, u/s.366 of the IPC, read with Section 4 of the Protection of Children From Sexual Offences Act, 2012 (in short 'the POCSO Act').

(3.) The prosecution case in a nut shell is that on 19.05.2016, one Smti Tutumoni Saikia, the mother of the victim lodged an FIR, before the Gogamukh P.S. that on 18.05.2016, at 3 P.M., the accused person forcefully took away her daughter who is a student of Class-X, from the Gogamukh Chariali. She came to know that the accused has also another wife. On the basis of the aforesaid FIR, the Gogamukh P.S. Case No.99/2016 was registered, u/s.366(A) IPC. During the course of investigation, the victim was recovered and after completion of the investigation, the charge sheet was submitted against the accused u/s. 366(A) IPC.