JUDGEMENT
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(1.)Heard Mr R Singha, learned counsel appearing on behalf of the appellant. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam.
(2.)Feeling aggrieved and dissatisfied with the Judgment and Order dtd. 30/3/2021, passed by the learned Special Judge, (POCSO) Nalbari, in Special (POCSO) Case No. 32/18, by which the accused appellant has been convicted under Sec. 448 IPC and Sec. 10 of Protection of Children from Sexual Offences Act, 2012,(hereinafter, in brevity, referred to as 'the POCSO Act'), the accused has preferred this appeal. The appellant was sentenced to undergo Rigorous Imprisonment for 7 (seven) years and to pay a fine of 25,000/-(Rupees Twenty Five Thousand) only, and in default to undergo Simple Imprisonment for 5 (five) months for the offence under Sec. 10 of the POCSO Act, and the accused appellant was also sentenced to undergo Simple Imprisonment for a term of 1 (one) year and to pay a fine of Rs.1000.00 (Rupees One thousand), and in default of payment of fine to undergo Simple Imprisonment for 5 (five) days for the offence under Sec. 448 IPC. Both the sentences were directed to run concurrently.
(3.)The case of the prosecution is that Hemen Das, who is the father of the victim lodged an FIR before the Officer-In-Charge, Tihu Police Station, stating inter alia that the accused is his adjacent neighbour. On 22/7/2018, at about 11:00 am, in absence of any person in his house, the accused entered into his house. At that time, his minor daughter aged about 11 years was writing something inside the room. Suddenly, the accused embraced her and kissed her on her cheeks and also touched her private parts. It is also alleged that the accused also tried to commit rape on her. When his daughter raised alarm, the accused fled away from the scene.
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