MD. JAMSHER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. Prasad, learned amicus curiae for the appellant and also Mr. D. Das, learned Additional Public Prosecutor for the State respondents. This appeal has been preferred from jail by the appellant who has been convicted under Section 376(2)(f) IPC and sentenced to undergo RI for 10 (ten) years with fine of Rs. 2,000/ - (Rupees Two Thousand). In default of payment of fine to undergo RI for another 6 (six) months.

(2.) BRIEFLY stated, the prosecution case is that the appellant committed rape on the minor daughter of the informant on 10.05.2006, while the victim girl was watching TV in the house of the appellant after returning from school, The matter being reported, the informant filed a written ejahar, which was registered as Belsor Police Station Case No. 79 of 2006 under Section 376(2)(f), IPC. The Investigating Officer visited the place of occurrence, collected the wearing apparels found on the place of occurrence, drew the sketch map, sent the victim girl to SMK Civil Hospital for medical examination and produced her before the Magistrate. Her statement was recorded by the Magistrate under Section 164, Cr.P.C. The appellant was arrested and produced before the Magistrate concerned. On completion of the investigation and after collecting the medical and FSL reports, the Investigating Officer laid the charge -sheet against the appellant under Section 376(2)(f), IPC. The case was committed to the Court of Session, Nalbari for trial and disposal. The learned Sessions Judge, on consideration of the materials on record framed the charge against the appellant under Section 376(2)(f), IPC. The charge was read over and explained to the appellant. He pleaded not guilty and demanded trial. Accordingly, he stood the trial. The prosecution examined 10 (ten) witnesses in all including the victim girl as well as the Medical Officer. After examination of the appellant under Section 313, Cr.P.C. he was offered chance to explain the incriminating evidence against him. He denied to have committed the offence, but declined to examine any witness in his defence.

(3.) THERE is no dispute that the victim girl was minor in age at the time of occurrence. As usual, there is no eye -witness in this rape case. The victim girl was examined as PW 4. The learned trial Court before recording her evidence tested her intelligence and opined that she would be in a position to give rational answers that might be put to her during examination. I have carefully gone through her oral evidence. She stated that after returning from school and having finished her meal she came to the house of the appellant along with the appellant's daughter to watch TV. While she was enjoying the TV the appellant's daughter went inside another room and at that time the appellant took her to his bed by gagging her mouth and committed rape forcibly on her. She complained pain and oozing out of blood from her private part. The appellant offered her 15 rupees and told her that he would bring clothes for her and also give some money. The appellant asked her not to tell her mother. The appellant went out by closing the door and told her that he was going to bring herbal medicine. Before going out the accused cleaned up the place from where blood was oozing out with a piece of white cloth. While the appellant went out, the victim girl came to her house and told her mother about the incident. The Police visited the place of occurrence for investigation, seized the panty and dress which was worn at the time of the incident. She put her signature on the Seizure List. The Police also recorded her statement. When she was produced before the Magistrate her statement was recorded and she put her signature thereon. In the cross -examination, she has given more detailed account how the appellant committed rape on her.