GHANA KANTA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel, appearing for the petitioner. Also heard Mr. B.J. Dutta, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. By filing this application under Sections 397/401, read with Section 482 Cr.P.C., the petitioner, who is a convicted person in GR. Case No. 866/2002, under Sections 376/511 IPC, has challenged the judgment and order, dated 06.08.2012, passed by the learned Sessions Judge, Darrang, Mongaldoi in Crl. Appeal No. 11(D-2)/2010, whereby and whereunder the leaned Sessions Judge, while dismissing the appeal, upheld the judgment and order dated 30.03.2010, passed by the leaned Assistant Sessions, Darrang, Mongaldoi in the said G.R. case.

(2.) The prosecution case, in brief, is that, on 30.11.2002 at about 11.00 a.m., taking the advantage of absence of other persons in the house of the informant, the revision petitioner visited the house of the informant and committed rape on his minor daughter, who was aged about 7 (Seven) years. Alarm being raised by the said victim girl, PW 2 rushed to the place of occurrence and thereafter informed the informant and others about the occurrence. The informant i.e. the father of the victim and her mother (PW-2) were reported by the victim about the incident. Accordingly, the informant lodged an FIR with the police. On receipt of the FIR, police registered a case under Section 376 IPC and launched investigation into the matter.

(3.) At the close of the investigation, police submitted charge sheet against the petitioner for the offence under Section 376 IPC. The learned Sessions Judge framed charges under Section 376 IPC. The charges were read over and explained to the accused person, to which he pleaded not guilty.