Promud Yadav VS State of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MRIDUL KUMAR KALITA
Promud Yadav – Appellant
Versus
State of Assam – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Sarfraz Nawaz, Mr. SA Barbhuyan, Mr. AW Aman, Samim Rahman, Ms Suraya Rahman, Advocates
For the Appellant:Mr. S. Nawaz, Advocate
For the Respondent: PP, Assam, Mr. D Gogoi, Legal Aid Counsel for R-2
For the Respondent:Mr. R. R. Kaushik, Addl. P.P., Assam and Mr. D. Gogoi, Amicus Curiae, (for the Respondent No. 2/Informant)

JUDGMENT (CAV)

Heard Mr. S. Nawaz, learned counsel for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam as well as Mr. D. Gogoi, learned Amicus Curiae appearing for the respondent No. 2/informant.

2. This Criminal Appeal has been filed, under Section 374(2) of the Code of Criminal Procedure, 1973, by the appellant, Promud Yadav, impugning the judgment and order dated 14.06.2023 passed by the learned Special Judge (POCSO), Karbi Anglong, Diphu in the POCSO Case No. 08/2022 whereby the appellant was convicted under Section 10 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for two months.

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

i. That on 08.11.2021, the father of the victim girl had lodged an FIR before the Officer-in-charge of Bokajan Police Station, inter alia, alleging that on 07.11.2021 at about 8:00 PM, his elder daughter who was aged about seven years at the time of alleged incident informed him that on 06.11.2021 at about 11:00 PM when they were sle