DEBOJIT CHOUDHURY Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.R. Das, learned counsel for the accused/appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam. I have also perused the entire materials on record.

(2.) This appeal has been presented against the judgment of conviction dated 30.06.2005 passed by the learned Ad-Hoc Additional Sessions Judge, Bongaigaon in Sessions Case No.52(B)/04. By the said judgment, he has been convicted u/s 376 IPC and has been sentenced to undergo rigorous imprisonment for 07(seven) years with fine of Rs.2000/-(Rupees two thousand) and in default to undergo rigorous imprisonment for further periods of two months.

(3.) The father of the victim girl had lodged an FIR with the Bijni Police Station on 21.11.2002 alleging that his daughter was subjected to rape by the accused/appellant. In the FIR her age was stated to be 14 years. According to the FIR, the incident occurred in the toilet. With the lodging of the FIR, Bijni P.S Case No.171/02 was registered u/s 376 IPC. In due course investigation was carried out and thereafter charge having been framed upon submission of charge sheet u/s 376 IPC, trial started. During trial, the prosecution examined 06(six) witnesses including the Medical Officer, who had examined the victim girl.