JONARAM BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M. Choudhury, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional P.P., Assam, appearing for the respondent State. This appeal has been preferred against the judgment and order dated 12.08.2004 passed by the learned Additional District and Sessions Judge (Ad hoc), Nagaon in Sessions Case No. 171(N)/2003 convicting the appellant u/s 354 IPC and sentencing him to undergo R.I. for two years.

(2.) The prosecution case, in brief, is that in the night of 5.2.2003 at about 11 P.M., the appellant, chowkidar of the Primary Health Centre, Kathiatali O.P. called the victim girl and told her that there was an emergency case and she should come to the hospital. When she came to the hospital she found none and there was no emergency case in the hospital. The appellant attempted to commit rape on her but somehow she managed to escape from there. However, the accused outraged the modesty of the victim girl as he forcibly laid her on her bed tearing her wearing apparels. On the next day she lodged a written FIR and a case being Kampur P.S. Case No. 9/2003 was registered under Section 376/511 IPC. The I.O. visited the place of occurrence, recovered the torn apparels of the victim and examined some witnesses. The victim was produced before the Medical Officer who examined him and submitted the medical report. The victim was also produced before the I/O and her statement was recorded under Section 164 CrPC. The accused was arrested by police and forwarded to the court.

(3.) After completion of the investigation charge sheet was laid against the accused u/s 354 IPC. On the basis of the materials collected and upon hearing the learned counsel for the parties, the learned court of Ad hoc Additional Sessions Judge, Nagaon framed charge under Section 376/511 IPC against the accused appellant. The charge being read over and explained to the accused person, he pleaded not guilty and claimed to be tried. During trial the prosecution examined 10 witnesses including the victim girl and the Medical Officer while the accused examined none in his defence. The learned trial Court on consideration of the materials and the evidence on record and upon hearing the learned counsel for the parties, convicted and sentenced the appellant as mentioned above.