SUBAL PRAJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The learned Additional Sessions Judge No. 1, First Track Court, Tinsukia convicted the above named appellants under Sections 341/376(G)/379 of the IPC in Sessions Case No. 225(T)/2003 for committing gang rape of a girl and for committing theft of some articles from her.

(2.) The background facts sans unnecessary details are that the prosecutrix, a girl aged about 16/17 years, on the evening of 25.08.2002 eloped with one Khagen Karmakar and while they were proceeding towards the house of Khagen Karmakar, situated at Dhoedam Tea Estate and when they arrived near the Hospital of the Tea Estate, some boys came and assaulted Khagen Karmakar and drove him away and they lifted the prosecutrix towards the Tea Estate, tied her hands and legs with her clothes and committed rape on her one after another. After committing the crime, one of the accused stood guard while the eight others left that place, at the request of the prosecutrix, the accused untied her and on the pretext of drinking water, she fled away. With the help of "babus" of the Tea Estate, she went to the hospital of the Tea Estate. In the next morning, her husband Khagen Karmakar came and took her to his house. The accused appellants while committing rape also took away her wrist watch, one silver chain and her bag containing some clothes and cash amount of Rs. 300/-.

(3.) On 27.08.2002, the prosecutrix lodged a written FIR with O/C Doomdooma Police Station. Police registered the FIR and started investigation. One of the accused Subol Sarathi was identified by her husband and his name was disclosed to her by him and in the FIR also his name has been mentioned. On 29.08.2002, the appellants Subol Sarathi, Bikram Sura, Premananda Boraik and Robin Prem surrendered before police and they disclosed the name of the other appellants Sridhar Koiri, Babul Singh, Nabakanta Raotia, Prahlad Dhaniram and Munna Singh. On the same day Sridhar Koiri, Babul Singh and Nabakanta surrendered before police and they were arrested. During investigation police sent the prosecutrix for medical examination and got her statement recorded under Section 164 Cr.P.C. On completion of investigation, Charge-Sheet was submitted against the appellants under Sections 341/323/376(G)/379 IPC.