DIPAK GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Kaushik, learned counsel for the appellant. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor representing the State respondent No. 1 and Mr. M.H. Laskar, learned counsel for the respondent No. 2.

(2.) The appellant has filed this application u/s 374(2) of the Code of Criminal Procedure, 1973 (Cr.PC for short) seeking defeasance of the Judgment and Order dtd. 9/12/2022 passed by the learned Additional Sessions Judge (FTC), Lakhimpur at North Lakhimpur, convicting Sri Dipak Ghosh (hereinafter referred to as appellant) u/s 376 of the Indian Penal Code (IPC for short) to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000.00 with default stipulation.

(3.) The victim/informant, lodged an FIR on 8/4/2017 contending that the appellant was sexually harassing her for the last few days. Taking advantage of the absence of her husband, the appellant gagged her by her mouth and forcefully committed sexual harassment on her. The appellant also threatened her not to divulge about the incident, lest he would eliminate her, along with her husband and her child. When the victim/informant was unable to tolerate the harassment exercised upon her any further, she finally revealed about the act of sexual harassment, to the Gaonbura on 25/3/2017. She disclosed about the incident of sexual harassment to other villagers also. A village meeting was held, and the appellant accepted that he had committed sexual harassment on the victim. Even after the village meeting, the appellant did not hesitate from displaying explicit behaviour. The informant was impelled to lodge the FIR which was registered as Boginodi P.S. Case No. 75/2017 u/s 448/376/506/509 IPC.