KARDAK ETE, J. - (1.)Heard Mr. N. Barman, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. PP as well as Ms. N. Mili, learned counsel for the informant.
(2.)This appeal has been preferred by the appellant against the judgment and order dtd. 20/2/2020, passed by the learned Court of Special Judge, Nalbari in Special (P) Case No. 22/2019 whereby the appellant has been convicted under Sec. 376(AB) of Indian Penal Code read with Sec. 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000.00 and in default, to undergo simple imprisonment for 6 (six) months.
(3.)The case of the prosecution, in brief, is that the informant (PW-2) Parijat Das lodged an ejahar on 22/2/2019 stating that on 20/2/2019 at around 4:00 pm, the accused person Sirish Das called her daughter (victim) aged about 10 years, from outside to his room and after removing her clothes had raped her. The victim girl came back to her home and narrated the incident. On receipt of ejahar, the I/C Kamarkuchi Outpost made Kamarkuchi OP GD entry No. 412 dtd. 22/2/2019 and recorded the statement of informant and witness at the Kamarkuchi outpost and sent victim girl to SMK Civil Hospital, Nalbari for medical examination and visited the place of occurrence, drew sketch map of the place of occurrence, recorded statement of witnesses and seized some items, made search for the accused persons, but the accused was not found. The In-Charge of Kamarkuchi outpost sent the ejahar to the Officer-in-Charge, Nalbari Police Station.