PITAMBARDAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and order passed by the Trial Court in Sessions Case No. 74 (D) of 1994, whereby the appellant was convicted under Section 376/511 of I.P.C. and sentenced to suffer R.I. for seven years and to pay a fine of Rs.500/-, in default to further imprisonment for one month.

(2.) The prosecution case, in brief, is that on 04.05.1994 while Punaram Das was waiting at bus stand at Dibrugarh along with his wife and minor daughter, Smti. Bindumati Das, the accused appellant Pitambor Das introduced himself as an acquaitance and thereafter taken the old man away on the pretext of having a cup of tea. After putting the old man away from the scene of incident, he returned back to the bus stand and this time he took away the minor daughter, Smti. Bindumati Das on the plea of providing a cup of tea. The accused took away the girl to a tea garden and there he committed rape on her. The victim raised halla for help where upon some neighbours came and the accused fled away. The girl was given shelter by a Muslim gentleman and thereafter, the Gaonbura was informed. In the mean time, the father of the girl returned. The matter was informed to the police and subsequently the victim was recovered.

(3.) To bring home the charge, the prosecution examined the alleged victim, Smti. Bindumati Das, P.W.2, the informant father Sri Punaram Das, P.W.4, the Doctor, the Investigating Officer and one Sri Absar Ali, P.W. 1.