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2026 Supreme(Online)(Gau) 17941



JUDGMENT & ORDER (CAV)

(Nelson Sailo,J)

Heard Mr. S.K. Poddar, learned counsel for the appellant, Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam for the State and Mr. S.D. Purkayastha, learned Amicus Curiae for the respondent No.2.

2. This is an appeal filed under section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short BNSS), filed by the appellant against the impugned judgment and order dated 13.06.2025 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon in POCSO Case No.106/2024, by which the appellant was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO) and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.30,000/- and in default to undergo rigorous imprisonment for 03(three) months.

3. The case of the Prosecution in brief is that an F.I.R was lodged by one Musstt. Banesa Khatun before the Officer-in-Charge, Morigaon Police Station on 19.05.2024 to the effect that the appellant, who is the father-in-law of her elder daughter, on 18.05.2024 at about 01:00 P.M, came to their house along with her said daughter and stayed for the night in

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