NIROD PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is preferred by the accused appellant, namely, Sri Nirod Phukan being aggrieved with the judgment dated 22.12.2015 whereby the learned Sessions Judge, Dibrugarh in POCSO Case No. 18/2014 arising out of GR Case No. 1723/2014 corresponding to Tengakhat Police Station Case No. 56/2014, convicted said appellant under Sections 6, read with Section 5(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 sentencing him to undergo Rigorous Imprisonment for life with fine of Rs. 20,000/- and on realisation of said fine amount to pay the same to the victim.

(2.) Heard Ms. Reetuja Datta, learned Amicus Curie for the appellant and Mr. Makhan Phukan, learned Additional Public Prosecutor, Assam for the State.

(3.) The prosecution case, as it emerges from the First Information Report dated 2.7.2014 (Exhibit-2) lodged by the informant Smti. Labanya Phukan (PW.3) before Tengakhat Police Station is that informant's husband Nirod Phukan forcefully committed sexual intercourse with his own daughter, who is a minor by threatening her variously and as a result of same, the victim became pregnant and knowing it, her husband ran away in the absence of any members in the house. By the said FIR, the informant requested the Officer-in-charge of Tengakhat Police Station to apprehend the accused person and to do the needful to punish him stringently.