RANJIT HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Through this appeal by special leave, the appellant has called in question his conviction and sentence for the offence under Section 376 Indian Penal Code as recorded by the trial court and upheld by the High court of Assam.

(2.) According to the prosecution case, the prosecutrix, a young girl of 14 years of age (according to the medical evidence, the age was clinically found to be between 13-17 years) was subjected to rape by the appellant on 18/5/1987. The prosecutrix was witnessing a performance along with her girl friends at Dhanaising Chapori which finished at about 3.30 a. m. As she was leaving for her home, the appellant offered to walk with her to her house but on the way, subjected her to sexual intercourse without her consent and threatened her not to inform anybody about the occurrence. The prosecutrix, after having been subjected to rape, rushed to her house and informed her parents about the occurrence. The FIR was lodged at Teok Police Station. The investigation was taken in hand. The prosecutrix was sent up for medical examination and after completion of investigation, the appellant was tried for the offence under Section 376 Indian Penal Code.

(3.) The prosecution, in support of its case, examined apart from the prosecutrix, her parents, besides the doctor and the investigation officer. The appellant, in his statement under Section 313 Criminal Procedure Code, denied the prosecution allegations.