Assam court awards man 20 years of rigorous imprisonment under POSCO Act in Dhubri

A special court at Dhubri for the exclusive trial of cases under the Protection of Children from Sexual Offences (POCSO) Act convicted and sentenced Sobur Ali Mondal, to rigorous imprisonment for 20 years and a fine of Rs. 5,000/- (five thousand) and in default of payment of fine he shall undergo a simple imprisonment for another period of 6 (six) months.

Talking to this correspondent the Special Public Prosecutor of the Court, Rituparna Guha stated that, on February 17, 2022, the victim's mother filed an FIR with the Officer-in-Charge, Fakirganj Police Station. It was alleged in the FIR that on the same day, around 10 a.m., accused Sobur Ali Mondal enticed the victim, who was about 5 years old, by offering to purchase her chocolate and took her to his house. He opened the victim's half pant and tried to rape her with force. When the victim began to scream, the accused let her go, and she went away from the accused's home, crying, and told her mother about the occurrence.

On the basis of the said FIR, Fakirganj P.S. Case No. 28/2022 Under Sections 376-AB of IPC, r/w Section 6 of POCSO Act, has been registered against the accused Mondal, son of Omed Ali Mondol resident of Poddarvita, PS- Fakirganj, Dist- Dhubri, Assam.

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Based on the said FIR, Fakirganj PS case no. 28/2022 under section 376AB/511 of IPC and section 6/18 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred as POCSO Act) was registered, and after investigation, the investigating officer laid charge sheet against accused Sobur Ali Mondal under section 376AB/511 IPC r/w section 6/18 of the POCSO Act. The accused was not released on bail during the investigation, thus after submission of a charge sheet and taking cognizance of an offence under section 376AB/511 IPC r/w section 6/18 of the POCSO Act against him, he was produced before the court from jail hajot.

The prosecution side examined seven witnesses, and after the prosecution side's evidence concluded, the accused's statement was recorded under Section 313 CrPC. The case did not result in an acquittal under Section 232 CrPC, thus the accused was given the opportunity to present his defense. The accused, examined his father as DW1 and three other witnesses as DW2, DW3 and DW4 to bolster his defense. Following that, both side's arguments were carefully heard.

Accordingly, Mamta Bhadani, the Additional Session Judge Cum Special Judge, POCSO, Dhubri passed and order and convicted Mondal and sentenced him to undergo Rigorous Imprisonment for twenty years and a fine of Rs. 5,000/- (five thousands) and in default of payment of fine he shall undergo a simple imprisonment for another period of 6 (six) months.