Decided on December 15,2018

Achyut Turi Appellant
STATE OF ASSAM Respondents


Rumi Kumari Phukan, J. - (1.) Heard Dr. B. N. Gogoi, learned Amicus Curiae for the accused/appellant. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam representing the State respondent.
(2.) The present appeal is directed against the judgment and order dated 09.06.2017, passed in Special Case No.14/2016, by the learned Special Judge, Jorhat, wherein the accused appellant has been convicted under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (in short 'the POCSO Act'), sentencing him to R.I. for 10 years and to pay a fine of Rs.15,000/- in default R.I. for another six months, with a further direction to award compensation to be determined by the Secretary, District Legal Services Authority, Jorhat.
(3.) The present case relates to a story wherein the victim is none other than the daughter of the accused person and the informant is the wife of the accused. As per the prosecution case, the accused had the habit of consuming alcohol and he used to beat his wife under the influence of alcohol. On 15.03.2016, at about 9 P.M., as usual the accused person assaulted his wife with a piece of wood and chased her from his house and out of fear, the wife of the accused took shelter in the neighbour's house for the night. Thereafter the accused/appellant made sexual assault upon his minor daughter who was sleeping inside the house and thereafter he committed rape on her by gagging her mouth. In the morning, the daughter of the accused went to her mother and informed the same by showing her private parts and the mother of the victim also noticed bleeding from her private parts. On the aforesaid facts, the FIR was lodged before the Officer-in-charge concerned and accordingly the Pulibar P.S. Case No.77/2016 was registered under Section 376 IPC read with Section 6 of the POCSO Act. During the course of investigation, the victim was examined by the Doctor and her statement was also recorded under Section 164 CrPC and on completion of the investigation, charge sheet was submitted against the accused/appellant, under the said Section of law.;

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