SARUKON CHETIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. R. Phukan, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam. This appeal is directed against the judgment and order dated 19.01.2010 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 44/08, convicting the appellant under Section 376(2)(f) I.P.C. and sentencing him to suffer RI for 10 (ten) years and to pay a fine of Rs. 2,000/-, in default of payment of fine, to suffer RI for a period of further 6 (six) months.

(2.) One Ajit Gogoi, who is a maternal uncle of the victim, herein after referred to as 'X', lodged an ejahar before the Officer-In-Charge, Khowang Police Station on 19.12.2007, stating that the appellant, a co-villager had enticed his niece, who was aged about 11 1/2 years, to his house by tempting her with offering of olives from his orchard and then committed rape on her. Consequently, upon registration of Khowang P.S. Case No. 95/07 under Section 376 IPC, investigation was started and the appellant was arrested on that very day. 'X' was medically examined in the Department of Forensic Medicine, Assam Medical College on 20.12.2007. The statement of 'X' was recorded under Section 164 Cr.P.C. on 27.12.2007. Statement of her mother was also recorded under Section 164 Cr.P.C. on that date.

(3.) Charge-sheet was submitted against the appellant under Section 376 I.P.C. The case being exclusively triable by the Court of Sessions, the learned Judicial Magistrate 1st Class committed the case to the Court of the learned Sessions Judge, Dibrugarh, whereupon Sessions Case No. 44/2008 was registered. Charge under Section 376(2)(f) I.P.C. was framed and charge being explained, the accused/appellant pleaded not guilty and claimed to be tried.