KESHAB PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) None has appeared for the appellant on call. It appears that on the earlier occasion also there was no appearance on behalf of the appellant. In such a situation, Mr. S.K. Medhi (II) learned counsel was requested to assist the Court as Amicus Curie. As will be evident from the order passed on 16.02.2012, he is also absent. Situated thus, this Court requested Mr. S.K. Medhi (II), learned Counsel to assist the Court. He readily accepted the request, but prayed for time to go through the records. He was allowed time and thereafter he has made submissions on behalf of the accused/appellant. Mr. D. Das, learned Additional Public Prosecutor has also made his submission. Both the learned counsels have advanced their arguments in reference to the evidence on record.

(2.) This appeal is directed against the judgment of conviction dated 15.06.2009 of the learned Additional District & Sessions Judge (FTC) Kamrup, Guwahati, in Sessions case No.180(K)/2006. By the said judgment, while the accused/appellant has been convicted u/s 376(2)(f) IPC, he has been sentenced to undergo rigorous imprisonment for 10(ten) years with fine of Rs.2000/- (Rupees two thousand) and in default, to undergo further rigorous imprisonment for 01(one) year. As reflected in the judgment, the accused/appellant was in custody from 28.02.2004 to 29.05.2004 and thereafter from the date of judgment dated 15.06.2009.

(3.) The incident occurred when the victim girl aged about 09(nine) years, went to the house of one Sri Nakul Mazumdar (PW-6) on 27.02.2004 at about 12.30 P.M to deliver milk. When it was found that Nakul Mazumdar was not present, she went to the nearby room of another Home Guard i.e. the present accused/appellant to leave the milk there. Taking advantage of the loneliness of the surroundings, the accused/appellant called the minor to his room and closed the door. Thereafter, he committed rape on her. After the incident the minor girl returned home crying and reported the incident to her parents. Immediately, neighbouring persons went to the house of the accused and searched him. The accused also confessed his guilt. Narrating the incident, an FIR was lodged within 03(three) hours. PGR P.S Case No. 12/2004 was registered against the accused/appellant u/s 342/376(2)(f) IPC. The victim girl was examined by PW-8 (doctor) and as per his opinion the girl was aged about 8/9 years. He found mark of one abrasion with contusion on inner side of the labia majora on the right side. He opined that the injury on the genital organ was suggestive of attempted forceful sexual intercourse.