GOBINDA GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4/2/11 passed by the learned Sessions Judge, Dhemaji, in Sessions Case No. 32(DH)/09 convicting the accused appellant under Section 376(2)(f) read with Section 511 IPC and to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 1,000/-, in default, rigorous imprisonment for 3 months. While admitting the appeal, this Court in Crl. M.C. 261/11, by an order dated 20.4.11, had suspended the operation of the impugned sentence and the appellant was allowed to remain on previous bail on his furnishing fresh bail bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the learned CJM, Dhemaji.

(2.) I have heard Mr. N.J. Das, learned counsel for the appellant and Mr. B.J. Dutta, learned Addl. P.P. Assam.

(3.) One Bharati Sarma lodged an ejahar before the Officer-in-Charge, Gogamukh P.S. on 9.5.08 stating that one Shri Gobindo Ghosh, a tailor, committed rape on her 9 year old daughter, hereinafter referred to as 'X', at about 1.30. PM by gagging her mouth. On the basis of the said ejahar, Gogamukh P.S. Case No. 94/05 under Section 208/376(2)(f) IPC was registered.