NAYAN JYOTI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned senior counsel assisted by Mrs. N. Bharali, learned counsel for the convict/appellant and Mrs. B. S. Sinha, learned Addl. Public Prose-cutor, Assam.

(2.) THIS appeal is preferred under Section 374 (2) CrPC 1973 against the judgment and order dated 31.03.2008 passed by the learned Addl. Sessions Judge (FTC), Dibrugarh in Sessions Case No. 174/06 thereby convicting the appellant under Section 376 IPC and sentencing him to undergo imprisonment for 10 years and to pay fine of Rs. 5000/-, in default, rigorous imprisonment for another three months.

(3.) THE informant is the father of the victim girl. He was examined as PW 1. As per his evidence, the occurrence took place in the night of Magh Bihu while the other family members were attending feast in the village leaving his daughter alone at home. THE accused entered the house and committed rape on his dughter. Her victim daughter informed him about the matter on the next morning and in turn he informed the villagers and Mahila Samittee about the matter. Since the villagers could not solve the matter he lodged the FIR (Ext.1). As per his deposition the victim was aged about 15 years. In cross examination he however stated that he lodged the FIR after 4(four) days of the occurrence. In cross- examination he also stated that before the said incident, a dispute arose with his daughter in respect of a baby named Narayan Baglari. He denied the suggestion that he set up a false case. THE victim's mother Smt. Anu Mech was examined as PW 3. As per her deposition the occurrence took place two years ago and her daughter informed her that 3 months back the accused committed rape on her while she was alone at home in the night of Magh Bihu. THE villagers gathered but they failed to solve the matter for which she went to the Duliajan Police Station. In cross-examination she stated that she informed her husband on the next day when she received the information. PW 4, Smt. Krishna Balgari is a hearsay witness and she was therefore not cross-examined. PW 5, Khagen Mech had no knowlegde about the occurrence.