NARESWAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned Counsel for the Appellant and also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.

(2.) This appeal has been preferred against the judgment dated 10.9.2002 passed by learned Sessions Judge, Morigaon in Sessions Case No. 94/ 2000 convicting the accused Appellant Under Section 366, IPC and sentencing him to undergo rigorous imprisonment for 4(four) years with fine of Rs. 1,000 in default for another rigorous imprisonment for 2(two) months.

(3.) The prosecution is founded on an ejahar lodged by the victim girl with the Officer in-Charge, Mikirbheta Police Station on 24.12.1998 stating that from the year 1996, she had love and intimacy with the accused Appellant Nareswar Nath, who used to frequently visit her house and also sexually enjoyed her by assuring to marry her. As a result, she conceived for 2/3 months. On 5.12.1998, while she was returning home from her examination hall, the Appellant took her to his own house but accused Pradip Nath and Tusendra Nath were against the action of the Appellant and the said accused Pradip Nath and Tusendra Nath rebuked her with slang language and kept her in the outer house without providing her meal. The accused persons assaulted her with blows, kicks causing injuries to her person. Due to kicks on her abdomen, her pregnancy was aborted. The accused persons along with Damayanti Devi and Sankar Nath physically tortured her and drove her out of their house. While she was coming to her own house, the accused persons chased her to assault. So, she was compelled to file ejahar with police and the Officer-in-Charge of the Mikirbheta registered a case being Mikirbheta PS. Case No. 109/98 Under Sections 420/493, IPC. During investigation, the O.C. forwarded the girl for medical examination, collected the injury report and produced the girl before the magistrate to record her statement Under Section 164, Code of Criminal Procedure The I.O. also visited the place of occurrence, seized as many as 17 letters written by the Appellant to the victim including one school certificate, collected evidence and arrested the accused persons.