GIRIDHAR HIRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.C.C. Phukan, learned counsel for the appellant and Mr. D. Das, learned Addl. Public Prosecutor appearing for the State/respondent.

(2.) Both the above appeals are preferred by the same accused appellant against the judgment and order, dated 30.03.2013, passed by the learned Sessions Judge, Morigaon in Sessions Case No. 66/2011 convicting under Section 376(f) of the IPC and sentencing him to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs. 5,000/- (Rupees Five Thousand) only, in default to undergo a further period of rigorous imprisonment for 6(six) months. Hence, both the appeals are heard analogously and decided by this common judgment.

(3.) The prosecution case, in brief, is that a complaint case was lodged on 04.02.2011, before the Court of learned Chief Judicial Magistrate, Morigaon alleging that about two months ago, on a day at about 10/11 A.M., the accused appellant entered into her house and taking advantage of absence of herself and her husband, committed rape on her minor daughter, aged bout 7 years. The accused appellant threatened the victim girl not to disclose the said incident to anybody and as such, she withheld the incident out of fear. In the meantime, the accused appellant fell ill and confessed his guilt to the villagers, for which he underwent atonement as per religion on 31.01.2011. The victim's mother, when came to know about the incident, she filed the complaint in Court seeking justice.