MOTHONG CHUTIA @ NAGESWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr P Sarmah, learned counsel for appellant. Also heard Mr D Das, learned additional public prosecutor for the state.

(2.) Present appeal is directed against the order of the learned Sessions Judge, Tinsukia dated 21.3.2016 in Sessions Case 11(T)/2014 whereby the appellant is convicted u/s 4 of the POCSO Act and sentenced to r/i for seven years with a fine of Rs 2,000 and in default to r/i for six months.

(3.) The case of the prosecution briefly stated is that ones Bina Chetia and Sonali Dowara lodged an FIR on 15.9.2013 alleging inter alia that on 8.9.2013 at about 11 AM while their minor daughters(X and Y) aged about 12 and 8 years respectively went to the house of accused appellant, the accused committed rape upon them confining them in his house. Based on this FIR, Barekuri PS case 25/2013 u/s 376(2)(1) of the IPC read with Section 4 of the POCSO Act was registered and the victim was examined by medical officer, statement was recorded u/s 161 and 164 of the CrPC and at the conclusion of trial charge sheet was submitted under the said Sections of law.