Nalbari (PTI): A village in Assam's Nalbari district, which had the road leading to it inaugurated by a former chief minister many years ago, is now almost deserted barring a single family.

From being a prosperous village in the last century to just 16 people in the 2011 census, No 2 Bardhanara village currently has a single family with five members, due to lack of a proper road.

Bimal Deka, his wife Anima and their three children Naren, Dipali and Seuti are the only dwellers of this village in Ghograpara circle, around 12 km from the headquarters town Nalbari.

"We have to travel 2 km through water and muddy paths to reach the nearest motorable road to attend our school and college. During monsoons, we commute through a country boat," Dipali said.

Anima rows the boat to ferry her children back and forth, but despite such tough conditions, the family has ensured proper education for all three.

While Dipali and Naren are graduates, Seuti is doing her higher secondary.

With no electricity, the children study under the light of kerosene lamps. The boat becomes the sole mode of transportation for the family when it rains as all the paths within the village get submerged.

The condition of this revenue village spread across 162 hectares was not so pathetic till a few decades ago, people of nearby areas claimed.

Known for high agricultural yield, former chief minister Bishnuram Medhi had visited No 2 Bardhanara a few decades ago to inaugurate a road leading to the village.

Anima said the apathy of local authorities has worsened the condition, which led villagers to abandon it.

"Local agencies like the Zilla parishad, gaon panchayat or the block development office are not interested in carrying out any work here," she claimed, adding agriculture and animal rearing is their mainstay.

With an NGO, Gramya Vikash Mancha, recently setting up an agricultural farm in the village, the family now gets to interact with other people more often.

Farm's chairman Prithi Bhusan Deka said the village was once prosperous, but recurring floods have deserted it.

"If the government constructs a road and provides basic amenities, the agricultural potential can again be realised and people will return to the village," he added.

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Ahmedabad, Jan 1: The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion.

The court of Justice Sandeep Bhatt observed in an order passed last week that despite the victim categorically stating in her deposition in 2018 that she was 15 years of age at the time of the incident, neither the assistant public prosecutor nor the presiding officer conducting the trial took any action.

The court said the investigating agency as well as prosecution prima facie failed to discharge their duty in appropriate manner and did not make "proper application of mind", leading to wastage of time.

The victim had in 2016 lodged a complaint in Mehsana town in the state against four persons for outraging her modesty in January that year.

The accused were charged under sections of the Indian Penal Code (IPC) pertaining to outraging modesty and intentional insult, among others, but not under the POCSO Act despite the victim being 15 years of age when the crime took place.

The accused persons moved the high court seeking quashing and setting aside of proceedings arising out of the first information report (FIR), and also the order dated July 19, 2024 of the Judicial Magistrate First Class (JMFC) court amending charges to include sections 11 and 12 of the POCSO Act.

While the court declined to quash the case, it permitted the petitioners to pursue the matter before the POCSO court at the time of further proceedings.

The court noted that when the investigation was carried out, the fact that the girl was 15 years of age at the time of the incident was nowhere referred to.

"Prima facie, it transpires that the investigating agency as well as prosecution and to some extent, the presiding officer have failed in discharging their duties in appropriate manner," the high court observed.

It further said that neither the investigating agency nor the prosecution made proper application of mind, causing the precious time of the investigating agency as well as the concerned court wasted from 2016 to 2024.

The court said it found no error by the concerned trial court in invoking the POCSO Act in the case, while allowing the petitioners to agitate at the time of further proceedings before the concerned POCSO court.

"It is also required to be noted that this is a glaring example that causal approach is adopted by the investigating agency and it has carried out investigation in a mechanical manner without properly applying its mind while carrying out investigation and at the time of filing of chargesheet," it said.

The court also directed the "concerned higher authorities" to look into the matter and do the needful "with a view to avoid repetition of such incidents and if required do the needful to carry out some exercise to find out if any similar incident/s is/are happening anywhere across the state".

It directed that the copy of the order be forwarded to the Director General of Police (DGP), Home Secretary, Law Secretary and the Registrar General of the High Court "for necessary consideration".

"It is expected that the petitioners, as such, are not at fault, and therefore, they can avail appropriate remedy in accordance with law," it added.