RUMI KUMARI PHUKAN
Achyut Turi @ Babatu – Appellant
Versus
State of Assam – Respondent
Rumi Kumari Phukan, J.
Heard, Dr. B. N. Gogoi, learned Amicus Curiae for the accused/appellant. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam representing the State respondent.
2. The present appeal is directed against the judgment and order dated 09.06.2017, passed in Special Case No.14/2016, by the learned Special Judge, Jorhat, wherein the accused appellant has been convicted under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (in short 'the POCSO Act'), sentencing him to R.I. for 10 years and to pay a fine of Rs.15,000/- in default R.I. for another six months, with a further direction to award compensation to be determined by the Secretary, District Legal Services Authority, Jorhat.
3. The present case relates to a story wherein the victim is none other than the daughter of the accused person and the informant is the wife of the accused. As per the prosecution case, the accused had the habit of consuming alcohol and he used to beat his wife under the influence of alcohol. On 15.03.2016, at about 9 P.M., as usual the accused person assaulted his wife with a piece of wood and chased her from his house and out of fear, the wife of the accuse
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