SUBENOY PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 19.08.2004, passed, in GR Case No.32/98, by the learned Deputy Commissioner, NC Hills, Haflong, the accused-appellant stands convicted under Sec. 354 Penal Code and sentenced to suffer rigorous imprisonment for two years with fine of Rs. 20,000.00.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 28.05.98, at about 10 am, the victim (PW1), accompanied by two other girls, namely, PW2 and PW3, went to the pharmacy of the accused to buy some medicines. The accused took PW1 inside the pharmacy and closed the door. He pushed an injection and closed the mouth of PW1 by his hand. Thereafter, he undressed PW1 and put his hands on her private parts and he also put his penis on her mouth. Though the two girls, who had accompanied PW1, tried to open the door to find out as to what was happening inside the pharmacy, the door was found closed. After some time, the accused allowed PW 1 to leave and gave her a sum of Rs. 20.00. On coming out of the pharmacy, though PW1 met her father, she did not tell him anything; rather, she went to the weekly market, where her mother (PW4) used to sell vegetables, and reported the matter to her, whereupon PW4 told some of the boys about the incident, they all became angry, they went to the pharmacy and assaulted the accused. Police came there and took the accused to Maibong Police Station, where PW4 lodged a written Ejahar. Treating the Ejahar as First Information Report, a case was registered by the police, under Sec. 376 IPC, against the accused. During investigation, the victim was medically examined and, on completion of investigation, police laid charge-sheet against the accused under Sec. 376 IPC.

(3.) During trial, on a charge, under Sec. 354 IPC, being framed against the accused, the accused pleaded not guilty thereto.