GUWAHATI, India, Dec. 8 -- Gauhati High Court issued the following order on Nov. 7:

1. Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the respondent No.1 and Mr. SSS Rahman, learned counsel appearing for the informant.

2. This is an appeal filed under Section 374(2) of the Cr.P.C., 1973 challenging the judgment and order dated 12.08.2021 passed by the learned Special Judge (POCSO), Nalbari in Special(P) Case No.16/2018 (Arising out of Nalbari P.S. Case No. 247/2018, convicting the appellant/accused under Section 6 of the POCSO Act and sentencing him to undergo rigorous imprisonment for a period of 10 (ten) years and to pay a fine of Rs. 50,000/- (Fifty thousand), in default to SI for 10 (ten) months.

3. On 14/04/2018 informant Latifa Bibi lodged an ejahar before the O/C, Nalbari PS, stating inter alia that, on that day at about 3:00 PM, when her 7- year-old daughter (hereinafter referred to as victim or X') went to see TV in the house of Altaf Ali, taking the advantage of absence of other people in the house, the accused raped the victim. Hence, this case.

4. On receipt of the FIR, police registered the case as Belsor PS Case No. 247/2018 u/s 376 IPC r/w s. 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act) against the accused person Altaf Ali. The police went to the place of occurrence and examined the available witnesses. Once the victim was recovered, her medical examination was done and her statement u/s 164 Cr.PC. was duly recorded. On completion of the investigation, a prima facie case having appeared against the accused Altaf Ali, the Investigating Officer (hereinafter referred to as IO or I/O) submitted chargesheet against the accused u/s 376 IPC r/w s. 4/6/10 POCSO Act.

5. Cognizance was taken u/s 376 IPC r/w s. 4/6/10 POCSO Act and on receiving summon, the accused Altaf Ali appeared before the court to face trial. After considering the materials available on case record and case diary and prima facie case having appeared u/s 4/6/10 POCSO Act, charge was framed and the content of the charge were read over and explained to accused Altaf Ali, to which he pleaded not guilty and claimed to be tried.

6. To prove the offence u/s 4/6/10 POCSO Act against the accused/appellant, the prosecution side examined 10 witnesses and exhibited 11 documents. To substantiate his claim, defence did not examine any witness. The accused/appellant's case, as could be ascertained from cross-examination of the prosecution witnesses & accused/appellant statement u/s 313 CrPC, was that of total denial.

7. On conclusion of the trial, the appellant was convicted and sentenced as above, hence this appeal.

8. The Evidence: PW 1 deposed that the accused called her to his home & at his home he touched her 'nunu' (vagina) entered his penis into it. In her evidence, PW-1 further deposed that it pained & bled because of the said act. PW-1 also stated that she told her mother. PW-1 stated that the accused entered into her 'nunu', and that, she bled.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoJUT4hiyffYD69yO16a%2F76BbPXej6rVciN594sX617lN&caseno=Crl.A./151/2021&cCode=1&cino=GAHC010140762021&state_code=6&appFlag=)

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