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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Bijay Das, S/o Dhiren Das – Appellant
Versus
State Of Assam Rep. By The P.P. – Respondent
ORDER :
M. Zothankhuma, J.
Heard Mr. D Bhattacharya, learned Legal Aid counsel for the appellant. Also heard Mr. R R Kaushik, learned Additional Public Prosecutor, Assam for the State as well as Ms. R B Bora, learned Legal Aid counsel for the respondent No. 2.
2. The appellant has put to challenge the impugned judgment and order dated 04.02.2023 passed by the learned Special Judge, Goalpara in Special (P) Case No. 42/2021, by which the appellant has been convicted under Sections 448/342 IPC and under Section 4 of the POCSO Act. The appellant has thereafter been sentenced to undergo rigorous imprisonment for 20 (twenty) years with a fine of Rs. 20,000/- (Twenty Thousand) only, in default to undergo simple imprisonment for 4 (four) months under Section 4 of the POCSO Act. The appellant has also been sentenced to undergo rigorous imprisonment for 2 (two) months each under both the Sections 448/342 IPC. The sentences are to run concurrently.
3. The appellant’s counsel submits that there is no evidence adduced by the prosecution witnesses to prove that the appellant’s private parts had penetrated the private parts of the victim. As such, Section 4 of the POCSO Act was not attracted. He also
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