DIBRU LOHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. RD Mazumdar, learned Amicus Curiae appealing for the appellant and Mr. FA Laskar, learned Public Prosecutor for the State.

(2.) This appeal is directed against the judgment passed by the Additional Sessions Judge, Dibrugarh in Sessions Case No. 90 of 1998 whereby the accused- appellant, Dibru Lohar was convicted under Section 376 read with Section 304 IPC. The accused was sentenced to imprisonment for life for commission of rape and to under go Rigorous Imprisonment for 8 years and to pay fine of Rs. 2,000/-, in default, further RI. for 1 year for the offence under Section 304 IPC. Both the sentences were directed to run concurrently.

(3.) This is an unfortunate story of a teenage girl loosing her life due to lust of the accused- appellant. The victim, Marilda Lakhra aged about 10 years was sent to the grocery shop by her parents to fetch some essentials. It was around 4'o' clock on 17.09.97. The girl did not return, whereupon, search was made and subsequently, the girl was found lying injured in apaddy field. She was brought home and there from removed to the Tingkhong Tea Garden Hospital. The girl was, thereafter, taken to Assam Medical College Hospital, Dibrugarh, where she succumbed to the injuries.