GOGEN KR. DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgement of conviction dated 30.11.2005 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 114(K)/2003, convicting the accused appellant under Section 376 IPC and sentencing him to undergo RI for six years and also to pay a fine of Rs. 2,000/- and in default, RI for another one year.

(2.) THE brief story of the case is that Palasbari PS Case No. 115/2000 was registered under Section 448/376/511 IPC on the basis of the FIR dated 13.9.2000 (Ext-1) lodged by one Shri Ganesh Kalita (PW-3). He is the brother of the alleged victim girl. As per the FIR (Ext.1), on 13.9.2000, at about 10 a.m., the accused appellant taking advantage of absence of anybody in the house of the victim girl, entered therein illegally and by closing the doors and gagging the mouth of the victim, tried to commit rape on her. The victim girl having raised hue and cry, he fled away through the kitchen door.

(3.) IT will be pertinent to mention here that pursuant to the aforesaid judgement of conviction dated 30.11.2005, although the accused-appellant was taken into custoy but by order dated 22.2.2006, he was allowed to go on bail in consideration of his application under Section 389(2) of Cr.PC. Mr. A.K. Bhuyan, learned counsel for the accused-appellant has submitted that the version of the victim girl is highly improbable and thus no reliance can be placed on the said version, so as to convict the accused-appellant under Section 376 IPC. Referring to the evidence on record, he submits that the alleged victim girl having stated different stories at different point of time, her version under 164 Cr.P.C statement and so also in the statement during trial, cannot be relied upon. In this connection, he has referred to the testimony of the other witnesses in which there is reference to his attempt to commit rape on the victim girl.