GAHC010042972020 2025:GAU-AS:15753

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./114/2020

JOHIRUL ISLAM @ JAHIRUL ALI

S/O- LATE JABED ALI, R/O- GHILAGURI, P.S. AND DIST.- BONGAIGAON,

ASSAM, PIN- 783380.

VERSUS

STATE OF ASSAM AND ANR

REP. BY THE PUBLIC PROSECUTOR, ASSAM.

2:INNUS ALI

S/O- MOHOR ALI R/O- NAMALPUR

P.S. BONGAIGAON

DIST.- CHIRANG

ASSAM

PIN- 783394

Advocate for the Petitioner : MR. N AHMED, MR A ISLAM,MR F HAQUE,MR. N J

DUTTA,MR. S K M ALOMGIR,MR R A AHMED

Advocate for the Respondent : PP, ASSAM, MR. A R SIKDAR (R-2),M M ZAMAN (R-2),MR. S I

TALUKDAR (R-2)

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 03.11.2025 Heard Mr. F. Haque, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, appearing for the State, as well as Mr. A.R. Sikdar, learned counsel, appearing for the respondent no.2/informant.

2. The present appeal has been instituted assailing the Judgment and Order dated 21.12.2019 passed by the learned Special Judge, Chirang, Kajalgaon, in Special (P) Case No.4 (Basu)/2018, convicting the appellant, herein, under Section 6 of the POCSO Act and sentencing him to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay a fine of Rs.10,000/- in default to undergo further Simple Imprisonment for 6 (six) months.

3. The prosecution case in brief is that the informant Ennus Ali, lodged an FIR on 25-10-2017 before the Officer-In-Charge, Bidyapur Police Outpost, Bidyapur, inter alia, alleging therein that the appellant herein, while bringing his 9 (nine) year-old niece, (Miss X) from school, had forcefully committed sexual assault on her in a jungle, near the railway track. It was further alleged that the appellant had threatened his niece that he would kill her if she disclosed the incident of sexual assault to anyone. The said Ejahar on being received, a GD Entry No.394 dated 25-10-2017 came to be made at the Bidyapur Police Outpost. Thereafter, the same was forwarded to the Bongaigaon Police Station, wherein the same was registered as Bongaigaon P.S. Case No.789/17, under Section 4 of the POCSO Act, 2017. Later on, the case was transferred to Basugaon P.S. as the place of occurrence was found to fall within the jurisdiction of Basugaon P.S. Accordingly, the same was registered as Basugaon P.S. Case No.99/2017, under Section 4 of POCSO Act.

The police, on completion of investigation, laid a charge-sheet against the appellant, herein, under Section 6 of POCSO Act.

The learned Trial court, on appreciating the materials coming on record, proceeded to frame a charge under Section 6 of the POCSO Act, against the appellant, herein. The charge on being read over and explained to the appellant, he having pleaded not guilty and claimed to be tried, a trial ensued in the matter.

The prosecution during the trial examined 11 (eleven) witnesses. Thereafter, the appellant was examined under Section 313 CrPC. The appellant, during his examination under Section 313 CrPC, had admitted that he had taken the victim from the school and had dropped her in front of her house. He also admitted to have taken the victim from the school prior to the incident. He also stated that due to fear, he had confessed about the commission of the offence before the villagers.

The appellant adduced the evidence of one Mohammed Sobahan Ali, as defence witness. The learned Trial Court, upon appreciating the evidences coming on proceeded vide Judgment dated 21-12-2019 to convict the appellant, herein, under Section 6 of the POSCO Act and sentence him as noticed hereinabove.

Being aggrieved, the appellant has instituted the present proceedings. 4. The learned counsel for the appellant, at the outset by referring to the evidence adduced by PW-9, the Medical and Health Officer who had examined the victim girl, has submitted that the evidence of the said doctor had brought on record that the hymen, of the victim girl was intact. It was also brought on re