Paresh Kakoty S/o Late Atul Kakoty vs State of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 271

ROBIN PHUKAN
Paresh Kakoty S/o Late Atul Kakoty – Appellant
Versus
State of Assam – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: J.I. Barbhuiya.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. J.I. Barbhuiya, learned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam, representing the State respondent.

2. In this appeal under Section 374(2) of the Cr.P.C. the appellant has challenged the correctness or otherwise of the judgment and order dated 22.10.2019, passed in Sessions Case No. 89(S-S)2011, arising out of G.R. Case No. 1110/2009, by the learned Addl. Sessions Judge, Sivasagar. It is to be noted here that vide the impugned judgment and order, the learned Court below has convicted the appellant, under Section 376(f) of the IPC, and sentenced him to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 5,000/- with default stipulation.

3. The factual background, leading to filing of the present appeal, are briefly stated as under:

“On 21.09.2009, Smt. Purabi Sarma of Khemdoi Kakoty Gaon, under Amguri Police Station lodged on FIR with the Officer-in-Charge, Amguri P.S. to the effect that on 12.09.2009, in the evening, while she went to take bath, then one Paresh Kakoty of her locality engaged in indecent activities with her five years old daughter, Smt. ‘X’ (name withheld). Then, seeing th