HAREN BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan, learned Counsel appearing for the Appellant. Also heard Mr. B.S. Sinha, learned Addl. Public Prosecutor, appearing for the State of Assam.

(2.) The conviction under Section 376 (f)/ 511 and sentence to undergo RI for 7 years with default stipulation handed down by the learned Sessions Judge, Jorhat vide judgment and order dated 19.4.2006 is under challenge in this criminal appeal.

(3.) The mind disturbing facts as disclosed in the first information report are that while the informant was residing in a rented house of accused Appellant her daughter Kalpana (the real name kept in secret) aged about 7 years was subjected to sexual abuse by the Appellant on several occasions. The first incident took place on the day of celebration of Shiv Ratri when the first informant went to temple of the Lord Shiva leaving her minor daughter Kalpana and son in her rented house. The accused Appellant induced informant's children to come to his house in her absence for showing them CD. At one point of time, on the first day of the incident, Kalpana was taken in a separate room by the Appellant and she was forced to lie down on the bed and removing her clothes forcibly raped her by penetrating his penis in her vagina. She was put into fear not to disclose the fact to any body, else she would be killed. The same sexual abuse upon the minor girl took place on several occasions. The victim girl did not dare to disclose it to her parents or anybody out of fear of being killed by the accused Appellant. The victim girl used to have a depressed mind and now and then she used to complain of feeling pain on her sexual organ. Ultimately she narrated before her mother the entire incidents. This led to lodging of an FIR with the local police which was registered as Golaghat P.S. Case No. 302/2003 under Section 376 Indian Penal Code, 1860. During investigation the Police got her examined medically and got her statements recorded by a Magistrate under Section 164 Code of Criminal Procedure The accused Appellant was arrested and a charge- sheet was submitted against him under Section 376 (f) Indian Penal Code, 1860. The case was committed to Court of Sessions and it was registered as Sessions Case No. 90/2004. The learned Sessions Judge, Golaghat framed charge under Section 376 Indian Penal Code, 1860 and after convulsion of the trial convicted and sentenced the accused Appellant as mentioned earlier. During trial prosecution examined as many as 7 witnesses and the defence also examined 3 witnesses.