DILIP BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 17.1.2002, passed by the learned Sessions Judge, Golaghat, in Sessions Case No.60 of 2001, convicting the accused-appellant under section 376 (1) IPC and sentencing him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.5,000 and in default, to suffer rigorous imprisonment for a further period of 6 months.

(2.) The case against the accused-appellant as unfolded at the trial, may in brief, be stated as follows : On the night of 14.1.2001, when Smti Manju Gogoi was asleep at her house along with her baby and her husband had gone to his neighbour's house to watch a TV show, the accused-appellant entered into the house, at about 10.00 PM, by forcibly opening its door, which was made of bamboo and was closed from inside with help of a bamboo pole, and on coming inside the room, the accused jumped upon Smti Manju Gogoi, gagged her mouth with a 'chador' (a sheet of cloth used as wearing apparel) and committed rape on her. After the accused left, the victim, Manju, raised alarm. When the neighbouring people including her husband came to the place of occurrence, the victim reported to all of them that the accused had tried to molest her. On the night of the occurrence itself, she went along with her husband and others to Ghiladhari Police Station and lodged there a written ejahar (Ext 3). Treating the same as an FIR, the police registered Ghiladhari PS Case No.2/2001 under section 448/356 IPC, but after a day or two, when she was further questioned by the Superintendent of Police, Golaghat, she revealed that the accused had actually committed rape on her. The victim was, then, examined by a Doctor, her statement under section 164, CrPC was recorded and on completion of investigation, police laid charge sheet against the accused- appellant under section 448/376 IPC.

(3.) During the trial, when a charge under section 376 IPC was framed and read over to the accused, he pleaded not guilty thereto.