JUDGMENT AND ORDER (ORAL)

1. Heard Ms. B. Sarma, learned Amicus Curiae for the appellant and Mr. B. Gogoi, learned Addl.

Public Prosecutor appearing for the State respondent.

2. This criminal appeal from jail is preferred by the accused appellant, namely, Shri Jagat Basumatary, against the judgment and order, dated 25.09.2017, passed by the learned Sessions Judge – cum- Special Judge, (POSCO Act), Dhemaji, in Sessions Case No. 129 (DH)/2015, whereby the accused appellant has been convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to undergo R.I. for another 5 (five) months, under Section 4 of the POSCO Act, 2012.

3. The appellant’s case, in a nutshell, is that on 23.11.2015, an FIR was lodged with the Officer-in- Charge of Gogamukh P.S. alleging that on that day at about 3:00 P.M., while the informant’s daughter, aged about 6-½ years was going to her mother’s shop, the accused appellant enticed her to his shop holding by her hand and then committed sexual assault on her gagging her mouth with a cloth. After the said incident, she returned home weeping and reported the incident to her aunt and thereupon, her aunt, with the help of the other villagers, apprehended the accused appellant.

4. Based on the above FIR, Gogamukh P.S. Case No. 233/2015 under Section 376 IPC, read with Section 4 of the POSCO Act, 2012 was registered and the Officer-in-Charge endorsed the case to A.S.I. Puspa Gogoi for investigation. In course of investigation, the I/O visited the place of occurrence, drew up the sketch-map thereof, recorded the statements of the witnesses, and sent the victim girl for medical examination and also got her statement recorded under Section 164 Cr.P.C. On completion of investigation, the Officer-in-Charge of Gogamukh P.S. laid a charge-sheet under Sections 376/511 IPC, read with Section 4 of the POSCO Act.

5. The charge-sheeted offences being exclusively triable by the court of Sessions Judge -cum-

Special Judge, (POSCO Act), the learned Additional Chief Judicial Magistrate, Dhemaji by order, dated 08.12.2015, passed in G.R. Case No. 1044/2015, committed the case to the said court at Dhemaji under Section 209 Cr.P.C.

6. The learned Special Judge, Dhemaji, after hearing the learned counsel of both the sides and perusal of the materials placed, framed the charge under Section 4 of the POSCO Act, 2012. The charge was read over and explained to the accused appellant, to which he pleaded not guilty and claimed to be tried vide order, dated 23.12.2015, passed in Sessions Case No. 129 (D.H.)/2015.

7. In order to prove the charge, the prosecution examined 8 witnesses including the victim girl and the doctor. The defence cross- examined them. After closing the evidence of the prosecution side, the statement of the accused appellant was recorded, under Section 313 Cr.P.C. The accused appellant pleaded innocence and declined to examine any witness in defence. The accused appellant took the plea that the informant, that is, the mother of the victim girl committed theft in respect of a scissor from his shop for which an altercation had taken place between them and thereupon, she threatened that one day she would send him to jail. The accused appellant further stated that one day, he was called by the police to the Police Station and there he came to know that the informant lodged an ejahar against him alleging that he committed rape on her minor daughter. The accused appellant also pleaded that due to the said incident of theft, they foisted this false case against him and deposed falsely in the trial of the case.

8. PW 1 is the informant and mother of the victim child. Her version is that at the relevant time of the occurrence, her victim minor daughter was a student of Class-‘ka’ and aged about 7 years. After returning from school, the victim’s aunt sent her to her mother’s shop to bring betel-nuts. Accused appellant assuring to pay her Rs. 10/- induced her to go to his shop. Vic