MRIDUL SAIKIA ALIAS BABU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order, dated 31.12.2001, passed by the learned Additional Sessions Judge, Jorhat, in Sessions Case No. 36 (J.J.) of 2000, convicting the accused- appellant under Section 376 I.P.C. and sentencing him to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 500 and in default, to suffer rigorous imprisonment for a further period of three months.

(2.) Prosecution's case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows. The accused appellant is a neighbour of Smt. Mainu Bora @ Munu, a student of class VIII of Mahabandha Tea Garden High School, Jorhat, who is aged about 15 years. The appellant used to teach Munu at her house, On 18.6.1999, at noon, while Munu was in her home, the appellant came there and, on finding her alone, had sexual intercourse with her against her will. As a result of sexual intercourse, which the appellant had with Munu, she became pregnant. When Munu informed the appellant about her pregnancy, the appellant initially assured her that he would marry her, but on 8.11.1999, the appellant advised her to terminate her pregnancy, which she did not agree to. When Munu was so carrying pregnancy, her mother, Smt. Samnai Bora, on noticing Munu's condition, became suspicious and upon querry made by her, Munu told her that she had conceived as a result of sexual intercourse that the appellant had with her and that the appellant had promised her that she would marry her. When Munu's father, Prafulla Bora, came home, Munu's mother informed her father about Munu's pregnancy. Prafulla Bora became furious and turned Munu out of his house, where upon she took shelter at the house of her brother-in-law and, in course of time, she filed a written complaint (Ext. 1) in the Court of Chief Judicial Magistrate, Jorhat. The said complaint was sent to police for investigation. Treating the said complaint as F.I.R., Pulibor P. S. Case No. 139/99 under Section 376/506 I.P.C. was registered against the appellant. Smt. Munu was medically examined and, on completion of investigation, police laid charge-sheet against the appellant under Section 376/506 I.P.C.

(3.) During trial, a charge under section 376 I.P.C. was framed against the appellant, but when the said charge was explained to the appellant, he pleaded not guilty thereto.