RUMI KUMARI PHUKAN,J. - (1.)Heard Mr. U.K.Das, learned counsel appearing for the appellant, Mr. B. Sarma, learned Addl. Public Prosecutor, Assam and Mrs. Rituja Dutta, learned counsel appearing for respondent no.2/informant.
(2.)This appeal has been preferred against the judgment and order dated 16.3.2015 rendered by the learned Sessions Judge, Kamrup (M) in Sessions case No.252/2013 convicting the appellant under Section 376(2)(i) IPC r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo rigorous imprisonment for 10 (ten) years and pay fine of Rs.10,000/- and in default to suffer rigorous imprisonment for another period of 2(two) months.
(3.)The prosecution story in brief is that the respondent no.2/informant lodged an FIR before the Officer-In-Charge, Dispur Police Station alleging that on 19.1.2013 at about 7 p.m. her daughter aged about 5 years reported to her that she could not pass urine. On enquiry about the reason of her difficulty in passing urine, the victim child disclosed that the appellant/accused penetrated finger into her private part, for which she sustained injury and attempted to commit sexual intercourse with her. On receipt of the FIR Dispur P.S.Case No.134/2013 U/S 376(f)/511 IPC was registered. During investigation the victim girl was sent for medical examination and her statement was recorded U/S 164 CrPC. On completion of investigation, the I.O. submitted charge-sheet against the accused appellant U/S 376(f)/511 IPC read with Section 6 of the Children From Sexual Offence Act, 2012 (POSCO).