MD. FIROZ AHMED Vs. STATE OF ASSAM AND OTHER
HIGH COURT OF GAUHATI
Md. Firoz Ahmed
State Of Assam And Other
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RUMI KUMARI PHUKAN,J. -
(1.) Present appeal is directed against the judgment and order dated 20.10.2016 passed by the learned Special Judge, Golaghat in Special (POCSO) case No. 4/2016 convicting the accused/appellant under section 4 of POCSO Act and sentencing him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- in default to further undergo simple imprisonment for 1 month and to undergo simple imprisonment for 1 year under section 342 of the Indian Penal Code.
(2.) Prosecution case in a nutshell is that one Smti. Khireswari Baruah lodged an FIR on 6.03.2014 to the effect that her daughter was found missing from the house since 6 pm and she returned herself at 11 pm. On her return she has stated that the accused person has committed rape upon her by confining her in his house. Her daughter also revealed that she has love affair with him for about one year and she planned to elope with him after H.S.L.C examination. It is also alleged in the FIR that the said accused person by flirting with her daughter indulged with sexual intercourse and thereafter she was released with a threatening.
(3.) On the basis of the said FIR Sarupathar P.S Case No. 35/2014 under section 376/342 IPC read with section 6 of the POCSO Act was registered. The victim was medically examined by Doctor and her one chocolate coloured panty was sized. Her statement under section 164 CrPC, 1973 was also recorded and on completion of the investigation charge sheet was submitted against the accused/appellant under section 376/342 IPC read with Section 6 of the POSCO Act. Accused/appellant entered his appearance before the Court and the case was committed to the Court of Sessions for favour of trial being the offences are triable by the Sessions Court. On his appearance charge under said section of law was framed and explained to the accused person to which he pleaded not guilty.;
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