JITEN SONA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dtd. 20/9/2011 passed by the learned Additional Sessions Judge (Fast Track Court), Biswanath Chariali convicting the accused, namely, Jiten Sona (Hereinafter referred to as the appellant) under Sec. 448 of the Indian Penal Code (IPC in short) to undergo simple imprisonment for 4 (four) months and pay a fine of Rs.500.00 (Rupees Five Hundred) only with default clause, and under Sec. 354 of IPC to undergo rigorous imprisonment for 1 (one) year and pay a fine of Rs.5000.00 (Rupees Five Thousand) only with default stipulation.

(2.) The FIR lodged by Smti. 'X' (name withheld) unfolds that on 13/3/2010 at about 6.00 p.m the appellant barged into her house and forcefully committed rape on her. The appellant ripped off her blouse and attempted to stab her with a 'khukuri' (machete type of weapon) which was strapped to his back. The terrified informant ('X') was unable to prevent the appellant from assaulting her and when the appellant left she screamed and her in-laws reached home from the market. The complaint was registered as Biswanath Chariali Police Station Case No. 42/2010 under Ss. 447/376/506 of IPC, and the Investigating Officer (I/O in short) was endorsed with the investigation.

(3.) The Investigating Officer embarked upon the investigation. He forwarded the victim/informant to the Magistrate, who recorded her statement under Sec. 164 of the Code of Criminal Procedure (Cr. P.C for short). The victim 'X' was also forwarded for medical examination. The statements of the witnesses were recorded. On finding sufficient materials, charge-sheet was laid against the appellant under Ss. 448/376 of IPC. This case i.e. the GR Case No. 133/2010 and corresponding Biswanath Chariali Police Station Case No. 42/2010 was committed to the Court of the Sessions Judge. At the commencement of Trial, a formal charge under Sec. 448/376 of IPC was framed and read over and explained to the appellant, who abjured his guilt and claimed innocence.