PRABIN NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Subhash Ch. Biswas, learned Counsel for the Appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.

(2.) This appeal is directed against the judgment and order dated 21.6.2003 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 80/2000 convicting the Appellant under Section 376, IPC and sentencing him to undergo RI for seven years and fine of Rs. 1,000, in default further RI for three months.

(3.) The prosecution story, in brief, is that on 9.1.1998 at about 12 noon, taking advantage of absence of other family members, the victim girl was taken out by the accused Appellant to a nearby Tea Estate and she was raped by him. The mother of the victim girl lodged an FIR on the basis of which a case being Dhekiajuli PS Case N6.7/98 was registered under Section 376/34, IPC. After completing the formalities and the investigation, including examination of the victim girl by Medical Officer, charge sheet was submitted against the accused Appellant under Section 376/34, IPC. On charges being read over and explained, the Appellant denied the allegation and pleaded not guilty. The accused Appellant, however, did not examine any witness in his defence.