PUNARAM GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Haloi, learned Amicus Curiae appearing for the appellant and Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State-respondent. This appeal, from the jail, is directed against the judgment and order, dated 29.09.2007, passed by the learned Additional Sessions Judge (FTC), Sivasagar, in Sessions Case No. 17(S-S)/2007, arising out of Simaluguri P.S. Case No. 82/2006 [G.R. Case No. 1123/2006], whereby and whereunder, the learned Addl. Sessions Judge (FTC), Sivasagar convicted Shri Punaram Gohain (hereinafter called the appellant) under Section 376 of the Indian Penal Code (in short, "IPC") and sentenced him to suffer rigorous imprisonment for 10 (ten) years and pay fine of Rs. 1,000/- (Rupees one thousand) only, in default suffer rigorous imprisonment for another period of 1 (one) month for his conviction under Section 376 IPC.

(2.) Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(3.) The prosecution case, in brief, is that the appellant committed rape on the victim, who was his own daughter from his first wife. The appellant has two wives, four daughters and three sons. The victim girl was the eldest amongst the daughters and they used to live in the same room. On the fateful night, while the victim was sleeping with her sister, on the same bed, the appellant, being drunk, touched her body and committed ill act with her. She informed the incident to her aunt, Smti Rumi Borgohain, who had informed the villagers. On receipt of the said information, the Gaon Burah (PW 2) of the village as informant, lodged an FIR with the Police. On receipt of the FIR police registered a case under Section 376 IPC and launched investigation into the matter. During the course of investigation/police examined, as many as, 8 (eight) witnesses, including the Medical Officer (M.O.), who examined the victim girl and the Investigating Officer (I.O.).