MAHESH KHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. K. Gupta, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

(2.) This application is filed under Sec. 374 (2) of the Code of Criminal Procedure Code, 1973 challenging the Judgment and Order dtd. 11/11/2010 passed by the learned Sessions Judge, Dibrugarh in Session Case No.153/08 convicting the accused/appellant under Sec. 417 of IPC and sentenced him to undergo rigorous imprisonment for 1(one) year and to pay a fine of Rs.5,000.00 and in default of payment of fine to undergo rigorous imprisonment for a period of another 3(three) months.

(3.) The brief facts of the prosecution case is that, one Sri Anil Bhunij lodged an FIR on 6/4/2008 alleging that 5(five) months prior to the filing of the FIR, the accused/appellant forcibly committed sexual intercourse with the sister of the informant which resulted in pregnancy and for that reason a village bichaar was held, wherein, the victim was handed over to the accused/appellant, but, he refused to accept her disowning the responsibility. Thereafter, the FIR has been lodged against the accused/appellant which has been registered under Khowang Police Station Case No.23/2008, under Sec. 376 of IPC and started investigation. During the investigation, the victim was medically examined and her statement was recorded under Sec. 164 of Cr.P.C. along with the statement of witnesses under Sec. 161 of Cr.P.C. After completion of the investigation, the charge-sheet was filed against the accused/appellant under Sec. 376 of IPC and accordingly, after committal of the case, the learned Sessions Judge framed the charge against the present accused/appellant under Sec. 376 of IPC; the charges have been read over and explained to the accused appellant, to which he pleaded not guilty and claimed to be tried.