ALBERT TIRU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the accused appellant Sri Albert Tiru, from jail, against the Judgment of conviction dated 10.04.2008 passed by learned Assistant Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 22 (NL) 2007 under Section 376(2)(f) of the Indian Penal Code (IPC, in short) and sentenced him to undergo Rigorous Imprisonment for 10 (ten) years and to pay a fine of Rs. 1,000/-, in default, to undergo Rigorous Imprisonment for another 2 (two) months, setting of the period of detention undergone by the accused appellant during trial. We have heard Mr. Ashim Chamuah, learned Amicus Curiae for the accused appellant and Mr. Hrishikesh Sarma, learned Additional Public Prosecutor, Assam representing the State.

(2.) It is seen from the records that on 28.04.2006 Sri Welson Surin lodged an FIR around 10:00 a.m. before the Harmoti Police Out Post of Lakhimpur District stating that on 26.04.2006 around 4:00 p.m. the accused Sri Albert Tiru enticing his minor daughter of 7 (seven) years Ms. A. (original name withheld) called her to the house of Daniel Dengra, wherein he sexually tortured her and on the next day, seeing blood stain on her clothes, while those were taken for washing, on being asked, she told that the said accused raped her.

(3.) On receipt of the said FIR, Harmoti Out Post G.D. Entry No. 485 dated 28.04.2006 was made and the same was forwarded to the Laluk Police Station and accordingly, Laluk Police Station Case No. 57 of 2006, corresponding to G.R. No. 463/2006 under Section 376(2)(F) of the IPC was registered. On completion of the investigation, finding sufficient evidence against the aforesaid accused appellant, police submitted the charge sheet in the case on 24.07.2006 vide No. 28/2006 against him for the offence under Section 376(2)(F) IPC and the said Section of the IPC being exclusively triable by the Court Sessions, learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur on 12.02.2007 committed the said G.R. Case No. 463/2006 to the Court of learned Sessions Judge, Lakhimpur, North Lakhimpur for its trial.