AJIT MALAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24.02.2006 of the learned Sessions Judge, Jorhat passed in Sessions Case No.34((JJ)/2005 convicting the accused/appellant u/s 417 IPC and sentencing him to undergo rigorous imprisonment for 03(three) months with fine of Rs.10,000/ - (Rupees ten thousand) and in default, to undergo further rigorous imprisonment for 03(three) months.

(2.) ON the basis of the FIR (Ext.2) lodged with the Titabor Police Station on 56.06.2004, Titabor P.S Case No.48/2004 was registered and investigated upon. In the FIR, it was alleged that the victim (PW -1) was raped by the accused/appellant on three occasions when she had gone to his shop, as a result of which, she became pregnant for 7/8 months. According to the FIR, the accused had assured marrying her when she became pregnant. But, later on, turned around such assurance. Accordingly, the FIR was lodged.

(3.) DURING investigation, the statement of the victim girl was recorded u/s 164 Cr.P.C. On completion of the investigation, the Investigating Officer submitted charge sheet against the accused/appellant u/s 376/493 IPC. Charge having been framed against the accused/appellant u/s 376(1)/417 IPC, the same was read over the explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried. Thereafter, trial commenced. During trial, the prosecution examined 09(nine) witnesses. The accused/appellant was also examined u/s 313 Cr.P.C.