GOLAP BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms Bijita Sarma, learned Amicus Curiae appearing on behalf of the appellant. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

(2.) This appeal has been preferred by the appellant, Golap Bhuyan, against the Judgment and Order dtd. 2/2/2018, passed by the learned Sessions Judge, Dhemaji in connection with Sessions Case No. 111 (DH)/2012, whereby the accused was convicted under Sec. 366 and 376 (1) IPC and sentenced to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs.1,000.00, in default, Rigorous Imprisonment for one month, for the offence under Sec. 366 IPC. The accused was also sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.1,000.00, in default, Rigorous Imprisonment for another 1 (one) month for the offence under Sec. 376 (1) IPC. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that the informant, Smt Rangili Chutia lodged an FIR before the Officer-In-Charge, Dhemaji Police Station, stating inter alia that her daughter used to stay in the house of her uncle, Pradip Chutia, at Dhemaji Chariali, for the purpose of studying in the school, prior to three months of the incident. On 5/3/2012, at about 12:30 am (at night), the accused knocked the door and when her daughter opened the door, the accused gagged the mouth of her daughter and kidnapped her and took her to the paddy field and committed rape on her. Subsequently, her daughter was also taken to Samarajan, wherein she was kept in the house of one person where the accused also committed rape on her. Subsequently, the informant, mother of the victim, received a phone call from her daughter that she was in Samarajan. Thereafter, on receipt of the information, the victim was recovered from Samarajan with the help of Police.