LATU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) __ Heard Mr. Arunangshu Dhar, learned Amicus Curiae and Mr. M. Phukan, learned Additional Public Prosecutor.

(2.) This appeal is directed against the judgment and order passed by learned Sessions Judge cum Special Judge, Sivsagar in Special (P) Case No. 2/2017. By the said judgement, learned trial judgeconvicted the appellant under Section 6 of the POCSO Act and convicted him to rigorous imprisonment for life and fine of Rs. 2,000/- with default stipulation.

(3.) The prosecution case as unfolded during trial is that on 13.01.2017, there was a feast on the occasion of Bihu, where appellant was also present. The accused-appellant dragged the victim from outside the house, to a nearby jungle by gagging her mouth and committed rape on her. One Babu Das (P.W.8) came out hearing hue and cry raised by his mother (P.W.7) and recovered the victim from the place of occurrence. Immediately, the police was informed by P.W.8 over phone, on the basis of which a G.D. entry was made. The police arrived the place of occurrence, recovered certain incriminating materials and took preliminary steps for investigation and then the formal report was lodged on the next day by the father of the victim (P.W.9). Treating the report lodged by the father ofthe victim as FIR, police registered Nazira Case No. 7/17 under Section 4 of the POCSO Act and acommenced investigation. In course of investigation, the police recorded the statement of thewitnesses including the victim, got the statement of the victim and her mother recorded by Magistrate under section 164 Cr.P.C., sent the victim and also the accused-appellant for medical examination andon conclusion of the investigation, submitted charge sheet against the accused appellant under Section 4 of the POCSO Act.