NABIN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The learned Sessions Judge, Jorhat convicted the appellant under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1000/-, in default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) This conviction and sentence imposed by the judgment dated 18.12.99 passed in Sessions Case No. 52(JJ) 95 is under challenge in this Criminal Appeal. The factual matrix as narrated by the prosecution is essentially as under- That an FIR was lodged on 17.10.94 by one Smti. Kanaklata Dutta, Secretary of Jorhat District Nari Santha, PW-3, alleging that one Smti. Labanya Hazarika, wife of Sri Anil Hazarika of village Khangia, PW-4, informed the Nari Santha that Sri Nabi Bora, the accused-appellant about 5/6 years back fetched a maid servant Armada, P W-13 from Goalpara, aged about 6/7 years to engage her in household works and on 3.10.94 taking advantage of the absence of his wife, the appellant committed rape on the said maid servant. When the appellant's wife relumed home, the said Annadamade alolal disclosure to her aboul all those happenings. Being enquired about the mailer by his wife in the next morning, the appellant got enraged and having laken a dao in his hand threatened Annada with assault had droven her out of the house. Without having any altercation, the victim girl ran to the house of one Labanya Hazarika of Khangia village, PW-4 and look shelter in her house on 5.10.94. It was also contended in the said FIR that since Nari Santha came to learn about the said incidenl lately, there was a delay in filing the said ejahar.

(3.) A police case was registered under Seclion 376 IPC againsl the appellant and investigation was ensued. The victim girl, PW- 13 was examined medically on 24.10.94. On completion of the said investigation the appellant was charge-sheeted to face trial for the offence under the above mentioned section. The Trial court examiend as many as 15 witnesses including the prosecutrix(PW- 13) and the medical officer(PW-2).