ARUN HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The engaged counsel Mr. D. Borah is not present to-day when the matter was called upon for hearing. It is an appeal of 2005, and therefore, it is felt necessary to dispose of this appeal without further delay. I have requested Mr. B.M. Choudhury, learned counsel, to assist this Court as Amicus Curiae which he has accepted. I have heard Mr. B.M. Choudhury, learned counsel as Amicus Curiae for the convict-appellant and also heard Mr. K. Munir, learned Addl. P.P., Assam for the State-respondent.

(2.) This appeal has been filed against the judgment and order dated 24.01.2005 passed by the learned Ad hoc Additional Sessions Judge, FTC, Karbi Anglong rendered in Sessions Case No. 5 of 1998 convicting him under Sections 376 /323 IPC and sentencing him to undergo R.I. for 5 years and to pay fine of Rs. 500/-, in default of payment of fine, to undergo further simple imprisonment for one month.

(3.) Briefly stated, the prosecution case is that the convict appellant, on 28.5.1995 committed rape on the victim girl, daughter of the informant, while she was returning home after attending a village function in the late evening on the road side. The victim girl told her mother about the said incident and her father to convene a public meeting for a bichar. The appellant attended the public meeting and when he was asked to marry the victim girl, he became violent and assaulted some members of the public in the meeting. Then the father of the victim was advised to filed FIR before the police. Accordingly, the FIR was lodged which was registered as Howraghat PS Case No. 68/1995 under Sections 376 /323 IPC. Investigation was made and after completion of the same, the I.O. submitted the charge-sheet against the convict appellant and the case was committed by the Magistrate concerned to the court of Sessions for trial. The learned trial Court framed charge against the appellant under Sections 376 /323 IPC. He denied the charges, pleaded not guilty and claimed to stand the trial. The prosecution examined nine witnesses including the victim girl and after examining the appellant under Section 313 CrPC, the learned trial court convicted and sentenced him as mentioned above. The appellant declined to examine any witness in his defence.