(per the Hon’ble, the Chief Justice)
By this appeal, the appellant has impugned the judgment
dated 8th May, 2023 and order dated 9th May, 2023 passed by
the learned Special Judge (POCSO), West Garo Hills, Tura in
Special POCSO Case No. 14 of 2018, convicting him for the
offences punishable under Sections 5(m)/6 of the POCSO Act
and sentencing him to suffer rigorous imprisonment for 14 years
2026:MLHC:499-DB
and to pay fine of ₹10,000/-, in default of payment of fine, to
undergo three months simple imprisonment.
2. The prosecution case in brief is as under:
According to the prosecution, the appellant, a neighbour
of the survivor aged 9 years, sexually assaulted her on 23rd June,
2018 at his residence. Pursuant thereto, the survivor informed
her mother in the intervening night of 23rd and 24th June, 2018
about the sexual assault on her by the appellant. Thereafter, the
survivor’s mother informed her husband i.e., the survivor’s
father, who lodged an FIR as against the appellant with the
Phulbari Police Station on 24th June, 2018 alleging offences
punishable under Sections 5(m)/6 of the POCSO Act. During the
course of investigation, the appellant was arrested. The
survivor’s and other witnesses’ statements were recorded. The
survivor was also sent for medical examination to Phulbari CHC,
Goalpara Hospital and also to Maternity & Child Hospital, Tura.
After investigation, charge-sheet was filed in the said case in the
Court of the Special Judge (POCSO), Tura.
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