MD MOHIRUDDIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel appearing for the appellant/accused as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

(2.) This appeal is preferred against the judgment and order dated 03.11.2018, passed by the learned Special Judge, Rangia in Spl. Sessions Case No.7/2016, whereby the appellant/accused has been convicted u/s. 4 of the POCSO Act and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/-, in default, simple imprisonment for another one year.

(3.) The prosecution case in brief is that: on 09.07.2015, informant Rubul Ali, the father of the victim lodged an FIR before the Officer-in-charge of Changsari Police Station, stating inter alia that on the same day at about 11:30 a.m., the accused taking advantage of his absence, took his minor son to the backyard of the informant s house and thereafter committed penetrative sexual assault causing injury to the victim. Resultantly, the Changsari P.S. Case No.141/2015, u/s.377 IPC, read with Section 4 of the POCSO Act was registered. After completion of the investigation, charge sheet was submitted against the accused and the case was committed to the learned Court of Sessions Judge, Amingaon for trial.