SAKAT ALI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 29.11.2006, passed, in Sessions Case No. 81 of 2005, by the learned Additional Sessions Judge (FTC), Karimgang, convicting the accused -appellant under Section 376, IPC and sentencing him to suffer rigorous imprisonment for 7 (seven) years and pay fine of Rs. 2,000/ - and, in default of payment of fine, suffer simple imprisonment for a further period of 1 (one) year. The case of the prosecution may, in brief, be described as under:

(2.) DURING the course of investigation, police visited the place of occurrence, drew sketch map of the place of occurrence, got PW 1 medically examined and though the police made attempts, during the course of investigation, to apprehend the accused, whose first wife had died and who had married another woman as third wife after his second wife stopped living with him, the police failed and the accused remained absconding. A charge -sheet was, therefore, laid against the accused by showing him as absconder.

(3.) IN support of their case, prosecution examined altogether 7 (seven) witnesses, The accused was, then, examined under Section 313, Cr.P.C. and, in his examination aforementioned, the accused denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that of denial and the accused -appellant having been forcibly implicated due to the fact that the father of P.W. 1 had sold a plot of land to the accused, the accused was not only unwilling to leave the said plot of land, he had, rather, closed the access to the road, PW 1 had lodged the case by making false allegation of rape. The defence also adduced evidence by examining one witness.