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2024 Supreme(Gau) 650

MANISH CHOUDHURY, ROBIN PHUKAN
Santosh Tanti – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. A. Devi, Legal Aid Counsel
For the Respondent: Ms. S.H. Borah, Additional Public Prosecutor, Ms. P. Saha, Legal Aid Counsel

JUDGMENT :

M. Choudhury, J

The instant criminal appeal from Jail under Section 383, Code of Criminal Procedure, 1973 [‘the CrPC’ or ‘the Code’, for short] is preferred to assail a Judgment and Order dated 01.02.2022 passed by the Court of learned Special Judge, POCSO, Golaghat [‘the Special Court’, for short] in Special [POCSO] Case no. 32/2020. By the Judgment and Order dated 01.02.2022, the accused-appellant has been convicted for the offence under Section 6, Prevention of Children from Sexual Offences [POCSO] Act, 2012. For finding him guilty of the charge of committing the offence of aggravated penetrative sexual assault on his own minor daughter [hereinafter referred to as ‘the victim’, at places, for easy reference], the accused-appellant has been sentenced to undergo imprisonment for a period of twenty years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of another three months. It has been ordered that the period undergone by the accused-appellant in custody shall be set-off from the total period of sentence imposed against him.

2. The investigation was set into motion on institution of a First Information Report

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