Point of Law: Punishment for aggravated sexual assault is prescribed in section 10 of POCSO, 2012.

JUDGMENT :

Mridul Kumar Kalita, J.

1. This Criminal Appeal (Jail) has been registered on receipt of an appeal petition from the appellant, namely, Ananda Karmakar, who has been detained in the District Jail, Tinsukia, through the Superintendent District Jail, Tinsukia, impugning the judgment dated 12.11.2021, passed by the Court of learned Special Judge, Tinsukia, in POCSO Case No. 12(T)/2019 whereby the present appellant has been convicted under section 6 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 20(twenty) years with a fine of Rs.2000/-and in default of payment of fine to undergo simple imprisonment for 6(six) months.

2. The facts relevant for adjudication for this jail appeal, in brief, are as follows:-

(i) That on 29.04.2019, the father of the victim “X”(real name not disclosed)lodged an FIR before the Officer-in-Charge of the Baghjan Police Station, inter alia, stating that on 29.04.2019 at around 3:30 p.m. the present appellant took his daughter to Section No. 16, Dighaltarang Tea Estate and committed ‘bad act’ on her. On receipt of the said FIR, the Officer-in-Charge of the Baghjan Police Station registered Baghjan PS Case No. 16/2019 under section 376(2)(i) of the Indian Panel Code read with Section 4 of the POCSO Act, 2012 and Sri Chitra Ranjan Buragohain, SI of Police was entrusted with the investigation of the case. On completion of the investigation, the Investigating Officer, having found sufficient evidence against the present appellant, laid the charge-sheet ,against the present appellant, under Section 376(2)(i) of the Indian Panel Code read with Section 4 of the POCSO Act, 2012 in the Court of Special Judge, Tinsukia.

(ii) The present appellant was arrested during the course of investigation and he faced trial remaining in judicial custody.

(iii) During trial, the prosecution side examined eight prosecution witnesses including the victim and nine documentary evidences were exhibited. The appellant was examined under section 313 of the Code of Criminal Procedure, 1973, during which he pleaded his innocence. The relevant portion of his statement under the section 313 of the Code of Criminal Procedure shall be discussed hereinafter in this judgment. The appellant declined to adduce any evidence in his defence. Ultimately, by the judgment, which is, impugned in this appeal, present appellant was convicted and sentenced in the manner as described in Paragraph No. 2 of this judgment herein before.

3. Before considering the submissions made by learned counsel for both sides, let us go through the relevant evidence, which is available on record.

4. PW-1, who is the father of the victim has deposed that his daughter “X” was born on 22.11.2014 and he has exhibited the date of birth certificate of his victim daughter as M. Ext.-1. He has stated that on the day of incidence, he was in the garden on his duty and he returned back at about 4.00 p.m. and came to know that the appellant had taken away his daughter to the garden after his son (PW-3) to a shop for buying something. He also came to know that his son returned home after sometime and informed his wife that the appellant has taken away his sister to garden and on hearing this, the wife of PW-1 went in search of the victim. Thereafter, the wife of PW-1 noticed people of the locality gathered and they found that the appellant was coming with the victim on a bicycle and the victim was crying. PW-1 has also stated that his wife and the people who gathered there found that the victim was stained with mud and tea leaves had also stuck to her body. He has also stated that immediately, thereafter, his daughter (victim) was taken to the garden hospital and nurses examined her and gave her the first aid and informed his wife that they found injury in her vagina. PW-1 has further stated that when his daughter was taken to the hospital, he was informed about this and he also reached the hospital. Thereafter, he lodged an FIR which is exhibited as Ext. 1.