GUWAHATI, India, Oct. 27 -- Gauhati High Court issued the following order on Sept. 26:

1. Heard Mr. A. Roshid, learned counsel for the accused petitioner and Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State and Mr. K.P. Pathak, learned Amicus Curiae for the respondent No. 2.

2. This Criminal Appeal is directed against the Judgment dated 09.01.2023 and Sentence dated 10.01.2023 passed by the learned Special Judge, Goalpara under the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') sentencing the accused petitioner to suffer Rigorous Imprisonment for a period of 7 years and to pay fine of Rs. 15,000/- only in default, to suffer RI for a period of 6 months under Section 10 of POCSO Act and to suffer RI for a period of 3 years and to pay fine of Rs. 10,000/- only in default, to suffer SI for a period of 3 months under Section 12 of POCSO Act.

3. The prosecution case in brief is that Ms. Rukiya Khatun of village-Khonar Pubpar submitted a written Ejahar on 19.05.2019 alleging inter alia that on 18.05.2019 @ 2:30 pm her 7 years old minor daughter (henceforth referred to as V) who was alone in the house when A1 entered inside and took her to the kitchen where A1 started undressing her by gagging her mouth. In the meantime, the Informant returned home and not finding V started to call her by her name. And V came out by opening the door of the kitchen and reported to her that A1 had tried to commit bad acts with her after making her lie on the ground. The Informant then found A1 underneath her house & A1 came out and fled away therefrom.

4. This written Ejahar was received and registered as Baguan P.S. case No. 64/2019 under Section 10/12 POCSO Act. On completion of investigation, the charge sheet was submitted against A1 under Section 10/12 POCSO Act.

5. On appearance of A1, copies of relevant documents were furnished to A1 as required u/s 207 CrPC. After considering the materials submitted by Police u/s 173 CrPC and having heard both sides, charges u/s 10/12 POCSO Act were framed against A1. The charges were then read over and explained to A1 to which he has pleaded not guilty and claimed to be tried.

6. During trial, the prosecution has examined as many as 9 witnesses and exhibited 6 nos. of documents to prove its case. The statement of A1 was recorded u/s 313 CrPC. The defense has taken the plea of total denial but it did not adduce any evidence in support of its plea.

7. At this stage, it would be apposite to discuss the evidence on record.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfB8AyMJahUY4fc%2FikJodAIVthCLMSOJ6RI4cecxgkkZH&caseno=Crl.A./158/2023&cCode=1&cino=GAHC010254462022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.