SOMA SURIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Criminal Jail Appeal No. 100/2016, has been preferred against the judgment and order, dated 03.08.2016, in Session Case No. 14/2014, passed by the learned Sessions Judge, Golaghat, convicting and sentencing the appellant to rigorous imprisonment for 20(twenty) years and to pay a fine of Rs 5,000/- and in default, simple imprisonment for another 1 (one) month under Section 376(D) of the IPC and rigorous imprisonment for 3(three) years and to pay a fine of Rs. 1,000/-, and in default, simple imprisonment for another 15 (fifteen) days under Section 456 of the IPC.

(2.) The prosecution case, as unfolded during the trial, is that on 12.09.2013, at about10:00 - 11:00 pm, while the victim (PW1) was sleeping in her house, the appellant and hisco-accused Kon Borah entered into the house by cutting the rope of the door and dragged her out to the enclosed yard and committed rape on her under death threat. Thereafter, the appellant and his co-accused left the place of occurrence. On application of the victim, the villagers convened a "bichar" which did not yield any result due to non-participation of the appellant and his co-accused. Only after failure to hold the "bichar", she lodged the FIR on16.09.2013. Therefore, the delay in lodging the FIR.

(3.) On receipt of the FIR on 16.09.2013, the Uriamghat Police Station registered a case, being No. 42/2013, under Sections 457/376 (D) of the IPC. The Police investigated into it, collected evidence, and on completion of the investigation, laid the charge-sheet against the appellant and his co-co-accused under Sections 457/376(D) of the IPC. The co-accused Kon Borah has been absconding. However, a formal charge against the appellant under Sections 456/376(D) of the IPC was framed to which the appellant pleaded innocence. Therefore, the trial commenced.