SRI JUMUR DHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. T.J. Mahanta, learned counsel, appearing for the appellant, and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam. This appeal is directed against the judgment and order, dated 05.02.2010, passed, in Sessions Case No. 188(K) of 2007, by the learned Additional Sessions Judge, (FTC) No. 1, Kamrup, Guwahati, convicting the appellant and sentencing him to undergo rigorous imprisonment for 2 (two) years, and to pay fine of Rs. 15,000/ - only, in default of payment of fine, rigorous imprisonment for 6 (six) months under Section 354 of the IPC.

(2.) THE prosecution case, in brief, is that one Ruma Deb Nath lodged an FIR with the Officer -in -Charge, Geetanagar Police Station, on 08.05.2007, to the effect that on 04.05.2007, at about 1:30 p.m., the appellant took her minor daughter, aged about 3 (three) years 9 (nine) months, to his house and with the help of his wife, assaulted her minor daughter and caused injury to her private part. On the basis of the said FIR, a case being Geetanagar P.S. Case No. 72 of 2007, was registered, under Section 376(2)(f), IPC.

(3.) I have perused the FIR, statement of victim girl recorded under Section 164, Cr.P.C. and her deposition before the learned trial Court. In the FIR, it has been mentioned that the appellant on threat and with the help of his wife lifted the victim girl and caused serious injury on her private part. There is no allegation in the FIR that the appellant committed rape by force on the victim girl. In the statement of the victim girl, under Section 164, Cr.P.C. she has not stated that the appellant committed rape on her. She reiterated what she stated in the FIR Coming to the evidence of the victim girl as PW 5, I find mat she has not stated anything about commission of rape on her, except being hurt on her private part.