SAJAL SUTRADHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears, today, on behalf of the convict appellant when the matter was called upon for hearing. However, I have heard Mr. B.B. Gogoi, learned Addition Public Prosecutor, for the respondent State of Assam.

(2.) The instant appeal is directed against judgment and order dated 19.12.2006 passed by the Court of learned Ad hoc Addl. Sessions Judge No. 2, Kamrup at Guwahati, in Sessions case No. 365(K)/2005 convicting the accused appellant under Sections 375/109, IPC and sentencing him to suffer RI for 7 years and to pay a fine of Rs. 2,000/-, in default of payment of fine, to suffer RI for a further period of 4 months.

(3.) The case of the prosecution, in brief, is that the accused Sri Pradip Barman, who being the friend of the elder brother of the victim Smt. Junu Barman was in visiting terms with their family. On 2.12.2004, accused Sajal went to Lakhitari in the motorcycle of accused Sajal. After enjoying Raas at Lakhitari, the victim was taken to enjoy Raas Puja at Tetelia by accused Sajal and Sukhil in the motorcycle. The victim was taken from Tetelia to Jalisara concrete bridge by accused Sajal and Sukhil where accused Sukhil raped her over the bridge while the accused Sajal was sitting in the stationary motorcycle at some distance from the place of occurrence. Thereafter, she was taken to Lakhitari by accused Sajal and Sukhil and at Lakhitari, they met Pradip. Thereafter, accused Pradip and Sajal took her to her home and dropped there. The victim was a minor on the date of occurrence.