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2024 Supreme(Online)(GAU) 14322

GAUHATI HIGH COURT
NAKUL KALITA – Appellant
Versus
THE STATE OF ASSAM AND ANR. – Respondent


JUDGMENT

(MRIDUL KUMAR KALITA, J)

1. Heard Mr. Y. S. Mannan, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. P. K. Munir, learned counsel appearing for the informant/respondent No.

2.

2. This appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, has been preferred by the appellant, Nakul Kalita, impugning the judgment and order dated 16.12.2020 passed in the Special Sessions (POCSO) Case No. 51/2018, by the learned Special Judge, Kamrup, Amingaon, whereby the appellant was convicted under Section 6 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for 12 years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand) only and in default of payment of fine to undergo further simple imprisonment for 6 months.

3. The facts relevant for consideration of this appeal, in brief, are as follows.

(i) That on 20.11.2017, the father of the victim girl had lodged an FIR before the Officer-in-charge of Hajo Police Station, inter alia, alleging that in the month of Bohag (corresponding to the English calendar months of April-

May), the appellant came to the ho

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