JOGEN GORH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a case of rape and murder of a minor girl - a shocking crime indeed that shocks the societal as well as judicial conscience, that may bring it to the vicinity of 'the rarest of the rare cases' categorised by the Apex Court for the purpose of capital punishment 'when the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arose intense and extreme indignation of the community'. Gravaman of the present case is something less than the said category and a lesser punishment in the form of imprisonment for life has been imposed on the appellant. Unfortunately, the convict is an illiterate wage earner who is now serving the sentence in jail. Life of a 'have-not' with life imprisonment can give nothing but more miseries. So, as an appellate court we are gravely concerned with a question is he really a guilty person? The appellant has preferred this appeal from jail against the judgment dated 30.11.2007 rendered by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 132 of 2004 convicting the appellant under Sections 376(2)(f)/302/201 IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 2000/- in default rigorous imprisonment for three months under Section 302 IPC, imprisonment for 5(five) years and fine of Rs 2000/- under Section 376 IPC in default imprisonment for 2(two) months and imprisonment for 2(two) years and fine of Rs. 1000/- under Section 201 IPC in default of payment of fine further imprisonment for one month and directing all the sentences shall run concurrently. The prosecution projected its case as under:

(2.) On 31.12.2003 at about 8.30 PM, the informant left his minor children at home and participated in the village feast. In his absence, the appellant took out the informant's minor daughter and committed rape on her and then strangulated her to death. Returning home after the feast, the informant, having not found his victim daughter, started searching for her with the help of the villagers. All efforts to trace her out failed. In the next morning her dead body was found near the bamboo grove. On being informed the police arrived at the place of occurrence. A case, being Tingkhong Police Station Case No. 02/04, was registered under Sections 376(2)(f)/302/201 IPC. Before the arrival of the police at the place of occurrence, the villagers apprehended the appellant on suspicion and detained him. The police arrested him after recording statements of the witnesses, got the inquest on the dead body held by a Magistrate and sent the dead body for post mortem examination. Police recovered one blanket, M.Ext.2, one white coloured vest (ganjee), M.Ext.3 and one old white coloured long pant, M.Ext.4 and seized them in presence of witnesses. The convict was produced before the learned CJM, Dibrugarh. The learned Addl. CJM, Dibrugarh, as directed by the learned CJM, recorded the confessional statement of the appellant in open court.

(3.) On completion of investigation, the IO collected the post mortem and FSL reports and laid the charge-sheet under Section 376(2)(f) 302/201 IPC. The magistrate concerned sent up the case on committal to the court of Sessions, Dibrugarh, who framed charge against the appellant under Sections 376(2)(f), 302 and 201 IPC. The appellant denied the aforesaid charges, pleaded not guilty and demanded trial. In order to prove the above charges the prosecution examined as many as 16 witnesses including the medical officer and the IO. During examination under Section 313 Cr.P.C., all incriminating materials found in the evidence of the prosecution witnesses were placed before the appellant and offered the chance of adducing evidence but he declined to examine any witness in his defence. On the basis of the evidence and the materials found on record and after hearing the learned counsel for the parties, the learned trial court rendered the impugned judgment convicting and sentencing the appellant as mentioned earlier.