RUPESHWAR TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a unique case inasmuch as a father has been convicted for the offence of rape upon his married daughter. The appellant has been convicted under Section 376 of the Indian Penal Code vide judgment dated 2.2.2006, passed by Sri K. Dahotia, learned 2nd Additional Sessions Judge in Sessions Case No. 48 (S-S) of 2005 and the appellant has been sentenced to undergo rigorous imprisonment for 7 years and also to pay fine of Rs. 1,000/- with default stipulation of further RI for two months. Being aggrieved with the conviction, the convict has preferred this appeal from jail.

(2.) Heard Mr. S. Barua, Legal Aid Counsel as well as Mr. K. Munir, learned Addl. Public Prosecutor for the State. Also perused the impugned judgment and evidence on record.

(3.) As noted earlier, the victim is an adult woman and she was already married to a boy long before the alleged offence of rape. The prosecution story is that after the death of her mother, the victim woman was fostered by her uncle and aunt and they had also given her marriage with a boy namely, Tinku. During five years of matrimonial relation with Tinku, the victim woman gave birth to a child. When the victim was deserted by her husband, she again came to her uncle's house and took shelter there. It is the further case of the prosecution that due to a quarrel with the aunt, victim woman returned to her father's house where she was sexually molested by her father.