TANURAM PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.B. Phookan, learned Amicus Curiae for the appellant. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam appearing for respondent State.

(2.) This Criminal Appeal under Sec. 374 of the Cr.P.C is directed against the Judgment and Order dtd. 19/8/2011, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 88 (DH)/2009, whereby the appellant/accused has been convicted under Sec. 363 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two (2) years and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) and in default to payment of fine, to undergo simple imprisonment for another three (3) months.

(3.) The case set up by the prosecution is that on 27/4/2006, informant Rameswar Doley lodged an ejahar with the Dhemaji Police Station alleging that in the night of 25/4/2006, at about 9:00 p.m., while his daughter (the victim), aged about 13 years was returning home, on her way the accused Tanuram Pegu forcibly dragged her and committed rape on her and thereafter left her in the house of Nandeswar Tayung. On receipt of the written ejahar from the informant, police registered a case and started investigation. During the course of investigation police examined the victim girl medically by a Doctor; recorded her statement under Sec. 164 of the Cr.P.C. and after completing the investigation submitted the charge sheet under Ss. 366(A)/376 of the I.P.C. and sent the accused to stand trial under the said Ss. of law.