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2025 Supreme(Online)(Gau) 6467

MICHAEL ZOTHANKHUMA, MITALI THAKURIA, JJ
ABDUL HAMID – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
For the Appellants/Petitioners: MS S S ZIA
For the Respondents: PP, ASSAM

JUDGMENT & ORDER (CAV)

(M. Thakuria, J)

1. Heard Ms. S.S. Zia, the learned counsel for the appellant. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of the State respondent.

2. This is an appeal u/s 415 BNSS challenging the judgment & order dated 30.09.2024 passed by learned Special Judge, Nagaon, Assam in Special Case No. 54(N)/2021, whereby the appellant was convicted for the offence u/s 376(3) IPC read with Section 6 of the POCSO Act and thereby sentenced to undergo R.I. for 20 years and also sentenced to pay fine of Rs. 10,000/- with default stipulation.

3. The brief facts leading to the present appeal is that on 28.05.2021 the respondent no. 2 lodged an FIR before Officer In-charge of Kampur police station, alleging inter alia that her father (the appellant) brought her minor daughter/victim to his house to do the household chores due to the illness of his wife, with an assurance that he would arrange the marriage of the victim. But, during the stay of the victim at the residence of the appellant, he enticed the victim to watch porn video in his mobile and also had sexual intercourse with her and in the consequence she became pregnant.

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