Decided on July 26,2018

Kartik Murari Appellant
STATE OF ASSAM Respondents


Manash Ranjan Pathak, J. - (1.) The accused appellant, Shri Kartik Murari has preferred this Criminal Appeal against the judgment of conviction and sentence dated 10.07.2017 passed by the Court of learned Sessions Judge, Dibrugarh, in POCSO Case No. 11/2014, corresponding to G.R. Case No. 1100/2014 arising out of Naharkatiya Police Station Case No. 48/2014, wherein he has been convicted under Section 363 IPC and is sentenced to undergo Rigorous Imprisonment for a period of 7 (seven) years with a fine of Rs. 10,000/- and in default of payment of fine, to undergo Rigorous Imprisonment of 2 (two) years, with the observation that the period of detention already undergone by him during investigation and trial is set off with his custodial sentence.
(2.) The criminal case in hand was set in motion when the informant Sri Pradip Orang, PW-1 lodged an FIR on 01.05.2014 before the Naharkatiya Police Station stating that when his son Aakash Orang and minor daughter named X were returning home from shop at around 07:00 am on 30.04.2014, the accused Kartik Murari took his daughter victim X towards the oil rig and from then onwards, his said daughter did not return home and even after a thorough search she could not be traced out and later her body was recovered from Dihing river on 01.05.2014 around 01:30 pm. The said FIR was accordingly registered as Naharkatiya Police Station Case No. 48/2014 under Section 302 of the Indian Penal Code and the Sub Inspector of Police, G K Gogoi, PW 11 was entrusted with the investigation of the said case.
(3.) The concerned Investigating Officer of the case visited the place from where the body of the victim was recovered, made inquest on it, sent the dead body of X for its autopsy. The said Investigating Officer of the case recorded the statements of the witnesses acquainted with the incident, drawn the sketch map and after completion of the investigation, finding prima facie materials regarding his involvement in the said case, he vide No. 38/2014 dated 31.05.2014 submitted the charge sheet along with the medical records and other relevant documents in said Naharkatiya PS Case No. 48/2014 under Section 302 of the IPC read with Section 4 of the Protection of Children from Sexual Offence (POCSO) Act, 2012 against the accused appellant.;

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