PINKU KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 27th September, 2013 of the learned Additional Sessions Judge, Goalpara in Sessions Case No. 205/2012. By the said judgment, while convicting the accused/appellant under Section 376(1) IPC, he has been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 10,000/- (Rupees Ten Thousand). In default to pay the fine, he is to undergo rigorous imprisonment for further 1 month. Mornoi Police Station Case No. 29/2012 was registered under Sections 342/366 (A)/376/506 IPC on the basis of the FIR (Exhibit-2) lodged by the informant on 17th March, 2012 alleging therein that the informant's daughter, i.e. the victim, was raped by the accused/appellant confining her in a room on 15th March, 2012. The story narrated in the FIR is that on 15th March, 2012, the victim aged 17 years, while was going towards her school, namely, Gajia Jani Higher Secondary School, and reached Bhojmara Tiniali Bridge, the accused came from behind in a motor cycle and asked her to sit. On her refusal to do so he forcibly took her in the motor cycle to a pharmacy where he kept her whole night and committed rape on her twice. Next day, i.e. on 16th March, 2012, the accused dropped the victim in the house of one Ms. Munsura Begum and fled away. According to the FIR, the accused also forcibly took away the victim's educational testimonials such as mark-sheet, admit card, registration card etc. It was also disclosed that the accused had threatened the victim that in the event of divulging the incident, she would be killed and her body would be thrown to the river. The girl was taken back home from the residence of Ms. Munsura Begum by Bhubaneswar Kalita; Dalim Kalita and Chandan Kalita. The Investigating Officer, who conducted the investigation, on completion of the same submitted charge-sheet against the accused/appellant, on the basis of which the learned trial Court framed charge under Sections 366(A)/376 IPC against him. Charge so levelled having been read over and explained, the accused pleaded not guilty and claimed to be tried.

(2.) During trial, prosecution examined 10 witnesses and also exhibited the statement of the victim recorded under Section 164 Cr.P.C. (Exhibit-1) and also exhibited the medical examination report (Exhibit-4), apart from exhibiting the Fir (Exhibit-2) and the charge-sheet (Exhibit-3). The accused was also examined under Section 313 Cr.P.C. in which he stated that there was land dispute between the parties and that the victim earlier also fled away from home on 2/3 occasions. The accused also stated that he was falsely implicated in the case.

(3.) Based on the evidence on record, the learned trial Court having answered the following points for determination in favour of the prosecution towards convicting the accused/appellant under Section 376 IPC, he has preferred this appeal:--