- (1.) Heard Mr. J. C. Barman, learned Amicus curiae, appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.
(2.) This appeal from jail is directed against the judgment and order dated 30.06.2015, passed by the learned Additional Sessions Judge, Bajali, at Pathsala, in Sessions Case No. 298/2014, arising out of G.R. Case No. 388/2014, corresponding to Simla Police Station Case No. 27/2014, under Section 376(2)(i) of the IPC read with the Protection of Child From Sexual Offences Act, 2012 (for short, 'POCSO Act'), whereby the accused -appellant was convicted under Section 4 of the POCSO Act to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/ - and, in default of payment of fine, to undergo simple imprisonment for 3 months. The fine amount, if realized, was directed to be given to the victim as compensation under Section 357 CrPC. Direction was also issued under Section 357A CrPC to the Secretary, District Legal Services Authority, Barpeta, to make an inquiry regarding the quantum of compensation to be awarded under the Victim Compensation Scheme and to fix the quantum of compensation to be paid to the victim as it was considered that the compensation awarded under Section 357 IPC was not adequate.
(3.) An Ejahar was lodged on 09.05.2014 by the father of the victim, who shall be hereinafter referred to as "X", stating that Manik Medhi, one of his neighbours, who was aged about 65 years, enticed his daughter, who was aged about 14 years and was a student of Class IX, and had sexual intercourse with her as a result of which she was carrying pregnancy of 5 months and that his daughter had disclosed this fact. The said Ejahar was lodged before the Officer -in -charge, Jalah Police Outpost and, based on the same, initially Jalah Police Patrolling GD Entry No. 114, dated 09.05.2014, was registered and, subsequently, Simla Police Station Case No. 27/2014 was registered. After completion of investigation, finding enough materials, Charge -sheet was submitted against the accused - appellant under Section 376 (2)(i) IPC read with Section 4 of the POCSO Act. The case being exclusively triable by a Court of Sessions, the Sub -Divisional Judicial Magistrate, Bajali, committed the case to the Court of Sessions Judge, Barpeta, and, thereafter, the case was assigned to the learned Additional Sessions Judge, Bajali, at Pathsala, for disposal.;