GUJURU BORAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Bijita Sarma, learned Amicus Curiae as well as Mr. N. K. Kalita, learned Addl. Public Prosecutor, Assam, for the Respondent State.

(2.) This appeal from jail has been preferred by the appellant against the judgment and order dated 2.3.2012 rendered by the learned Addl. Sessions Judge, (FTC) No.2, Tinsukia in Sessions Case No. 220 (M) 2008 convicting the appellant U/S 376 IPC and sentencing him to undergo rigorous imprisonment for (seven) years and to pay fine of Rs. 20,000/- only and in default payment of fine to undergo rigorous imprisonment for another six months.

(3.) On 12.9.2008 Sri Kubir Limboo being the husband of Smti Gauri Maya Limboo of village Toklong Gaon lodged an ejahar to the officer-in-charge of Lekhapani Police Station alleging inter alia that on 11.9.2008 his wife went to Ledo garden market alongwith Sukra Limboo and Rudra Bahadur Limboo and while she was alone after marketing on the way back home in the evening time near line No.9 the accsued Gujuru Boraik, son of Boraik of Beesa Gaon met her alone there and forcibly taken her in a shed of line no.9 of the tea garden and committed rape on her, and also attempted to kill her fearing disclosure of the fact to others. Fortunately one Auto driver on way back home from Beesa Gaon arrived there and then the accused Gujuru fled away leaving his long pant and cycle near the wife of the informant. The Auto Driver took his wife to their village.