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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Ratul Bharali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Ms. T. Som, learned counsel for the appellants. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the respondent no.1 and Ms. S.Khataniar, learned counsel for the respondent no.2.
2. This is an appeal against the judgment dated 28.07.2023 passed by the learned Special Judge, Majuli in Special Case No.47/2023, by which the appellants have been convicted under Section 6 of the POCSO Act, 2012, for raping the victim, who was 15 years old.
3. The prosecution case in brief is that an FIR dated 28.01.2023 was submitted by the informant (PW-1) to the Officer-in-Charge of the Garamur Police Station, to the effect that at around 5 to 6 a.m on 28.01.2023, his sister aged 13 years took the goats to the field. At the same time, the appellants had also taken their cows near the field where his sister had taken their goats. As there was fog at that time, it was not possible to see any one from a distance. Taking advantage of the fog, the accused persons raped his sister. About the same time, PW-6 who was the son of the informant’s father’s elder brother also went to the same place with his cows. PW-6 then witnessed the appellants committing ra
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