GUWAHATI, India, Jan. 12 -- Gauhati High Court issued the following order on Dec. 11:
1. Heard Mr. N. K. Kalita, learned amicus curiae appearing for the appellant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the respondent No.1 and Ms. M. Barman, learned Amicus Curiae appearing for the respondent No. 2.
2] The present appeal is directed against the judgment & order dated 29.03.2022 passed by the learned Special Judge (POCSO), Barpeta (hereinafter referred to as the "trial court"), in Special POCSO Case No. 152/2021, whereby the accused/appellant was convicted for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act"), and sentenced to undergo rigorous imprisonment for 20 (twenty) years with a fine of Rs. 10,000/-, and in default of payment of the fine, to suffer rigorous imprisonment for two years.
3] The brief facts of the case are that the wife of the accused, i.e., Niru Banikya (informant/PW-1), lodged an F.I.R. on 26.06.2021 before the Barpeta Sadar P.S., alleging, interalia, that though her eldest daughter/victim/PW-2, aged 15 years, had been brought up in her maternal house and was continuing her studies by living there, about four months back, upon her husband, i.e., the accused/appellant, forcing her, she brought the victim back to their house and was living with them in their rented house. It is further alleged that about 3 and half months ago, when she had gone to work in another person's house, the accused/appellant, by taking advantage of her absence, committed rape upon the victim. It is further alleged that later when the victim told her about the said incident, she threatened her husband not to do such an act again; however, the accused/appellant assaulted both her and the victim with firewood and confined them in the house and had also often established a physical relationship with the victim. Upon her asking the victim, she disclosed the entire incident to their neighbor, who thereafter informed the police.
4] Accordingly, the police arrived and investigated the matter by registering the case as Barpeta P.S. Case No. 1472/2021, under Section 376 of the Indian Penal Code, 1860, (hereinafter referred to as the "IPC") read with Section 6 of the POCSO Act. Thereafter, upon completion of the investigation, charge sheet was submitted before the trial court under Section 376 of the IPC, read with Section 6 of the POCSO Act. Upon the accused pleading not guilty, the trial court framed charge under Section 6 of the POCSO Act against the accused/appellant and commenced the trial.
5] During the trial the prosecution examined 7 witnesses including the informant (PW-1), victim (PW-2), Dr. Mrs Renuka Rongpharpi (PW-3), neighbours, i.e., Anushree Das (PW-4), Puja Pathak (PW-5), Hemen Das (PW-6) and the Investigating Officer (PW-7).
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfMnKKEkd3jS%2FcM7igW%2FSf6UXTi9SEKfRC9fbthkjxSLJ&caseno=CRL.A(J)/55/2022&cCode=1&cino=GAHC010093422022&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
