UTPAL MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 26.07.2012 of the learned Additional Sessions Judge, Dibrugarh in Sessions Case No.56/2009, by which, while convicting the accused/appellant u/s 376 IPC, he has been sentenced to undergo rigorous imprisonment for 08(eight) years and also to pay a fine of Rs.20,000/ - and in default, to undergo simple imprisonment for 03(three) months.

(2.) EXT .1 is the FIR dated 12.07.2008 lodged with the Dibrugarh Police Station by the informant (PW -2), based on which Dibrugarh P.S Case No.321/2008 was registered u/s 417/376/506 IPC. In the FIR, it was alleged that on 26.06.2008, the accused/appellant aged about 34 years brought the informant's daughter to his residence with a bad intention with the plea of his wife having called her for lunch. It was further alleged that after taking lunch, the accused/appellant in the absence of his wife, committed rape on his daughter and thereafter with the threat of killing her, took her to the hostel where she used to stay. According to the FIR, the victim was threatened not to disclose about the commission of rape. It was further stated in the FIR that the victim was a student of Class -XII (Science stream) aged about 17 years and because of the incident, she suffered both mentally and physically and consequently there was delay in lodging the FIR.

(3.) ON receipt of the FIR, the police swung into action and in due course, on completion of the investigation, submitted charge sheet against the accused/appellant u/s 417/376 IPC. Thereafter, charge was framed against the accused/appellant u/s 376 IPC and the same was read over and explained to him, to which he pleaded not guilty and claimed to be tried. During investigation, police also recorded the statement of the victim girl u/s 164 Cr.P.C.