CRL.A(J) 24/2016. Gauhati High Court
| Case Number | CRL.A(J) 24/2016 |
| Judgement Date | August 18, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Criminal Appeal No. 24(J) of 2016
Sri Kamakhya Roy
S/ o SrI Baikuntha Roy,
Vill. Bargunari(Tepartari)
P.S – Patacharkuchi
Dist – Barpeta
Assam.
.....Appellant
-Vs-
The State of Assam
....Respondent
:BEFORE:
HON’BLE MRS JUSTI CE RUMI KUMARI PHUKAN
Advocate for the Appellant : Mr. A. Chamua, Amicus Curiae
Advocate for the Respondent : Mr. B. Sarma, learned Addl. P.P.
Date of hearing : 2.8.2017
Date of Judgment : 18.8.2017
JUDGMENT AND ORDER ( CAV)
Present appeal is directed against the judgment and order of learned Special Judge, Bajali Patsal in Sessions Case No. 150/ 2015, u/ s 248/ 354 of I PC read with section 4 of the POCSO Act 2012, dated 1.02.2015 whereby the accused appellant has been convicted U/ S 448 I PC r/ w Section 4 of the POCSO Act.
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I have heard Mr. A. Camua, learned amicus curie for the appellant and also heard Mr. B. Sarma, learned Addl. P.P.
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The prosecution case in nutshell is that on 15.03.2015 in the afternoon at about 5 pm, while victim (name withheld) was alone at her house, accused Kamakhya Roy @ Lele forcefully committed sexual inter-course with her. I n the mean time, mother of the victim reached home and saw the aforesaid act of sexual inter-course with the victim and caught him and tried to tie him with rope. However, accused was able to escape by assaulting the mother of victim. An FI R was lodged by the mother of the victim with the
I .C Pathsala police out post under Patacharkuchi P.S Case No. 101/ 2015 and investigation was started for offence u/ s 448/ 376 of I PC.
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During the course of investigation the I .O visited the place of occurrence, and sent the victim for Medical examination and got her statement recorded u/ s 164 Cr.P.C. After completion of investigation, charge-sheet was submitted against the accused person u/ s 448/ 376 I PC read with Section 4 of POCSO Act. The learned Magistrate committed the case to the Court of learned Sessions being the offence triable exclusively by the learned Special Judge.
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The accused faced the trial from behind the bar and denied the charges u/ s 448/ 376 read with Section 4 of POCSO Act, which was framed against him. Plea of defence is of total denial.
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I n support of the case prosecution examined seven (7) witnesses and defence examined none. Plea of defence is of total denial. Statement of the accused person recorded u/ s 313 Cr.P.C. and at the conclusion of the trial the learned trial Court held the accused guilty u/ s 4 of the POCSO Act and sentenced him R.I for seven (7) years and fine of Rs. 5,000/ - in default another S.I . for three (3) months. Further, he is also convicted u/ s 448 I PC and sentenced him R.I . for seven (7) months and fine of Rs. 500/ - in default S.I . for 15 days, with a direction that the sentence will run concurrently and the period of detention shall be set of, it is directed that the fine if realised be given to the victim. Further the Court also directed for awarding the appropriate compensation to the victim under the provision of section 357(A) Cr.P.C.
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Being aggrieved and dissatisfied with the aforesaid judgment the present appeal has been preferred.
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Now, let us appreciate the evidence on record PW 1, mother of the victim in her evidence stated that her daughter was 13 years old at the time of occurrence. On the day of occurrence, at about 5 pm, she went out from her house to take goat from the grazing field, at that time her daughter Dipika was at home...
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