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2023 Supreme(Gau) 794

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Tikru Tantabai – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. Dutta
For the Respondent: Ms. B. Bhuyan

JUDGMENT :

M. Zothankhuma, J.

Heard Mr. M. Dutta, learned Amicus Curiae and Ms. B. Bhuayn, learned Additional Public Prosecutor for the State.

2. This appeal is directed against the impugned judgment dated 06.01.2021 passed by the learned Special Judge, Charaideo, Sonari, in connection with Special (P) Case No. 14/2018, convicting the appellant under Section 6 of the POCSO Act, 2012 and sentencing him to undergo rigorous imprisonment for life with a fine of Rs.5,000/-, in default to undergo simple imprisonment for 3 (three) months.

3. The Prosecution case in brief is that the victim girl (PW-12) submitted an FIR dated 24.04.2018, stating that she was a 14 years old girl and that her stepfather had been committing bad act upon her for a long time since the death of her mother. As a result of the above, she was 6 (six) months’ pregnant. She did not disclose the matter to her neighbours as her stepfather had threatened to kill her. She told one Accredited Social Health Activist (ASHA) about the matter, who accordingly brought her to their neighbours and then to the police outpost.

4. In pursuant to the FIR submitted by the victim girl (PW-12), Sonari P.S. Case No.64/2018 under Section 6 of

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