POCSO court in Dhubri sentences man to 10 years rigorous imprisonment in minor's kidnapping and rape case

The Court of the Additional Sessions Judge-cum-Special Judge (POCSO), Dhubri, has sentenced a man to 10 years of rigorous imprisonment for the kidnapping and sexual assault of a minor girl in 2024.

The landmark judgment was delivered by Alhaj S. Mazumdar (A.J.S.), Special Judge (POCSO), Dhubri, who convicted the accused, identified as Doyal Shill alias Rahul, son of Fani Shill, a resident of Village Kherbari Part-III under Agomani Police Station in Dhubri district.

The court found the accused guilty under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act and Section 366 of the Indian Penal Code (IPC). The quantum of punishment announced by the Special Judge includes 10 years of rigorous imprisonment and a fine of ₹5,000. In default of payment of the fine, the convict will undergo an additional month of simple imprisonment.

For the Kidnapping Offense (U/S 366 IPC), 1 year of rigorous imprisonment and a fine of ₹1,000. In default of payment, accused will undergo an additional seven days of simple imprisonment. The court directed that both sentences will run concurrently, meaning they will be served at the same time.

While the accused was found guilty under both Section 376 of the IPC (rape) and Section 4 of the POCSO Act—both of which carry a minimum 10-year term extending up to life imprisonment—the Special Judge chose to explicitly pass the primary sentence under Section 4(1) of the POCSO Act as the punishments are identical.

According to Rituparna Guha, the Special Public Prosecutor who robustly represented the State, the harrowing case traces back to the beginning of 2024. On January 5, 2024, the father of the victim filed a written First Information Report (FIR) at the Agomani Police Station. He stated that on January 1, 2024, at around 9:00 AM, his 16-year-and-10-month-old minor daughter had left home for school but failed to return by evening.

Distraught family members launched a frantic search and eventually discovered that the accused, Rahul Shill, with the assistance of some accomplices, had abducted the minor. It was later revealed that he had covertly transported the minor out of Assam and hidden her at his elder sister's residence located far away in Siliguri, West Bengal.

Following the FIR, Agomani Police registered a case (Agomani P.S. Case No. 04/2024). The investigation was spearheaded by Investigating Officer (IO) Jonali Devi, who tracked down the minor, rescued her, and arrested the accused.
Upon completing a thorough and time-bound probe, IO Jonali Devi submitted a comprehensive chargesheet against Doyal Shill under sections 365/376 of the IPC read with Section 4 of the POCSO Act. This led to the formal trial under Special Case No. 326/2024.

With the court securing a swift conviction within two years of the crime, local child rights activists and residents of Dhubri have hailed the ruling as a strong deterrent against offenses targeting minor girls in the region.