SRI ARUN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgement of conviction dated 20.12.2006 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldoi in Sessions Case NO. 43 (DMFT) 2005. By the said judgement, the learned trial court while convicting the accused appellant under Section 376 IPC has sentenced him to undergo RI for 10 years and to pay a fine of Rs. 5,000/- and in default, further RI for another 6(six) months.

(2.) THE FIR was lodged with Khoirabari Police Station on 19.5.2004 by the alleged victim stating that she had relationship with the accused appellant since 1996 and that promising to marry her he had also sexual relationship with her. As per the FIR, she was pregnant through him for 8(eight) months. It was alleged in the FIR that on being contacted, the accused appellant declined to marry her and kept himself hiding. It was stated in the FIR that the accused appellant was found present in a particular place but all persuasions to marry the victim girl, resulted in failure.

(3.) DURING trial, the prosecution examined 8 witnesses and the defence examined one witness i.e. DW-1. It will be pertinent to mention here that since in the FIR, allegation was also made against some others, namely, Bhanu Saharia, Lambudhar Deka and Jyotish Deka of assaulting the informant's father when he had visited the place of hiding of the accused appellant and tried to persuade him to come back and marry the victim. The charge sheet was submitted against all the accused persons including the present appellant under Section 417/376 IPC.