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2023 Supreme(Gau) 749

MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Ananda Karmakar S/o. Sri Gopal Karmakar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K. Goswami, Amicus Curiae
For the Respondent: Ms. S. Jahan, Addl. Public Prosecutor

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 sectio

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