KRISHNA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 15-05-2006, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 74 of 2005, convicting the accused-appellant under Sections 448, 506 and 376 IPC and sentencing him, for his conviction under Section 448 IPC, to undergo rigorous imprisonment for one year and to serve, for his conviction under Section 376 IPC, rigorous imprisonment for a period of 10 years and pay a fine of Rs. 15,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of three years and also to undergo, for his conviction under Section 506 IPC, rigorous imprisonment for a period of one year, all the sentences having been directed to run concurrently with further direction that if the fine is deposited by the convict, the same shall be paid to the victim as compensation.

(2.) I have heard Mr. SK Talukdar, learned Amicus Curiae, and Mr. Z Kamar, learned Public Prosecutor, Assam.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 21.03.2005, when PB (PW5), minor daughter of the informant DB (PW4), was at home and her parents were away from home, accused Krishna Bordoloi, who was brother-in-law of the landlord of the said house, where PW4 used to live with her family, came and carried PB (PW5) to his house, removed there her churidar, i.e., the trouser, and entered his penis into the vagina of the minor child and passed semen. PB suffered pain in her vagina and her wearing apparels got stained with semen of the accused. While the accused was still in his act of having sexual intercourse with PB, her brother, AB (PW6), who was younger than PB, saw the accused, on the top of PB, committing the act of sexual intercourse. PB (PW5) vomited as she had been made to consume liquor, whereupon PB raised alarm. Having committed sexual intercourse with PB, the accused drove her away. When PB s mother, DB (PW4), returned home, PB narrated the incident to her, her mother (PW4) beat PB (PW5) and, thereafter, taking along with her, DB (PW4), PB (PW5) and her younger brother, AB (PW6), DB (PW4) went to Jagiroad Police Station and lodged there a written Ejahar. Based on this Ejahar and treating the same as First Information Report (in short, FIR), Jagiroad Police Station Case No. 48 of 2005, under Sections 448/376/506 IPC, was registered against the present accused-appellant. During the course of investigation, police got PB (PW5) medically examined, she was also produced before a Magistrate, where her statement was recorded. On completion of investigation, police laid charge-sheet against the accused-appellant under Sections 448/376/506 IPC.