JAMES MORAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present Appellant was convicted under Section 376 IPC and sentenced to undergo S.I. for 7 years and to pay fine of Rs. 2,000/- and in default of payment of fine, to undergo S.I. for another 3 (three) months vide judgment and order dated 23.6.2009 passed by the learned Addl. Sessions Judge, Tinsukia in Sessions Case No. 126 (T) 2008. He has filed this appeal against the said judgment and order.

(2.) Briefly stated the prosecution case is that one Smti Mira Phukan Gogoi filed a complaint in the court of learned C.J.M., Tinsukia on 11.6.2007 alleging that accused James Moran forcibly kidnapped her minor daughter Miss Sarala (real name withheld) and got her married after taking her around from one place to another. The said accused developed physical relationship with her daughter during those days. The learned C.J.M, Tinsukia forwarded the complaint to the Officer In-charge, Doomdooma P.S. to register a case and investigate into the matter. On receiving the complaint, the police treated the same as FIR and made a G.D. Entry, being 116 dated 6.7.07 and registered a regular case as Doomdooma P.S. 213/07 under Section 366A IPC. During investigation, the police got the victim medically examined and collected the medical report from the Civil Hospital Doomdooma. The victim was also forwarded to the learned C.J.M., Tinsukia who recorded her statements under Section 164 Code of Criminal Procedure The case was committed to the court of Sessions Judge, Tinsukia who made over the case to the learned Additional Sessions Judge, Tinsukia for trial and disposal. On 18.10.2008 the charge was framed under Section 366/447 IPC and the accused on being read over and explained the charge, pleaded not guilty and demanded trial. The charge was subsequently altered to under Section 366A/376 IPC in place of Section 366/447 IPC vide an order dated 3.4.2009 to which also the accused pleaded not guilty. The prosecution examined in all 8 witnesses while the accused examined none in his defense. The case of the accused is of total denial. His statement under Section 313 Code of Criminal Procedure was recorded in which he pleaded innocence. On consideration of the materials and evidence on record, the learned trial court convicted and sentenced the Appellant as mentioned earlier.

(3.) Since the accused- Appellant has been convicted and sentenced under Section 376 IPC, it is necessary to have a reference to the provision under Section 376 IPC. It relates to punishment for rape. The offence of rape has been described in Section 375 IPC which is reproduced below: