ABHIJIT DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BK Mahajan learned counsel for the appellant and Mr BJ Dutta, learned Additional Public Prosecutor. None appears for respondent no.2.

(2.) This appeal is directed against the order of the learned Sessions Judge, Cachar dated 21.2.2017 in Special POCSO case 14/2016 whereby the appellant is convicted under Section 4 of the POCSO Act, 2012 and sentenced to r/i for 7 years and fine of Rs 5,000 and on default to r/i for 2 months.

(3.) Prosecution case in brief is that the informant along with her minor daughter(victim) resided in the rented premises of the mother-in-law of the accused where the appellant stayed as gharjuwai and the husband of the informant was working in the Assam Rifles in Manipur. While staying as a tenant in the premises the informant noticing some illness of the victim, on 6.10.2015 she was taken to Dr Bidyut Nath who on her examination reported that the victim was once raped by someone. Then the victim disclosed to the said doctor as well as her mother that about 15-20 days back while she was playing in the varandah the accused/appellant took her to the roof of the building and committed intercourse with her by threatening not to disclose the same to anybody otherwise he will kill all of them and out of fear she did not disclose it to anybody. As the victim was suffering from different types of sickness she was again taken to the said doctor on 27.10.2015 and the doctor prescribed medicine. After fully knowing the alleged incident the informant informed her husband who asked her to wait till he arrives and accordingly after arrival of her husband the FIR was filed by the informant, the mother of the victim.