DWARRIKA BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the judgment and order, dated 26.8.1999, passed, in Sessions Case No. 74(K)/1994, the learned Additional Sessions Judge, Kamrup, Guwahati, has convicted the accused -appellant under Section 376 IPC and sentenced him to undergo rigorous imprisonment for 3 (three) years and 3 (three) months with a fine of Rs. 1,000.00 (one thousand) and, In default of payment of fine, suffer rigorous imprisonment for a further period of 6 (six) months.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described, thus : The accused was the owner of a brickfield. The alleged victim (who is hereinafter referred to 'X') used to work as a labourer at the said brickfield. On the day of the occurrence i.e., on 26.12.1992, the alleged victim, 'X' accompanied by PW 5, went, on finishing their work, to the office of the accused and while they were washing their hands and feet at the tube -well, in the courtyard, located at the back side of the said office, the accused asked 'X' (PW4), to find out if hot water was available in the kitchen -room. 'X' accordingly went to the kitchen -room and when she brought a glass of water to the accused, the accused kept the glass on the table, caught hold of the hands of the victim, 'X' (PW4), pushed her down to the bed and gagged her with a "GAMOCHA" (a country towel) and forcibly had sexual intercourse with her. As the door as well as the windows of the said office were lying open, PW 5 peeped through windows to find out as to what was happening inside the said office and, on noticing, the accused having sexual intercourse with 'X' (PW 4), PW 5 went to their other co -labourers and informed them as to what was happening inside the office room and, on coming to know as to what was happening inside the office room, when the other labourers came there, the alleged victim, 'X', came out of the office room, but the accused remained inside the office -room. Three days thereafter, PW3 (i.e., the mother of victim, 'X'), lodged a written Ejahar with the police alleging to the effect, inter alia, that the accused had committed rape on her daughter, 'X' Based on this Ejahar and treating the same as the FIR, a case was registered against the accused under Section 376 IPC and, on completion of investigation, the police submitted accordingly a charge sheet against the accused.

(3.) IN support of their case, the prosecution examined as many as eight witnesses. The accused was, then, examined under Section 313 Cr.P.C. and in his examination aforementioned, the accused denied that he had committed rape on 'X', the case of the defence being that of total denial. The defence also adduced evidence by examining three witnesses. Having found the accused guilty of the charge framed against him under Section 376 IPC, the learned trial court convicted him accordingly and passed sentence against him as mentioned hereinabove. Aggrieved by his conviction and the sentence passed against him, the accused has preferred the present appeal.