IN RE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE facts in brief leading to the present revision may be noted:

(2.) THE respondent Sri Hari Chandra Hatimuria was arrested by Police in connection with Silapathar P. S. Case No. 133/2006 and produced the Chid Judicial Magistrate, Dheniaji on 26 -9 -2006. The allegation in the F. I. R. is that the accused who is a school teacher, called Ms. Sumpi Gogol, a teenaged illiterate girl to his house for cleaning rice and after the work was over, the accused threatened her and took her inside the house and, thereafter, forcibly committed rape on her. The accused threatened the teenaged girl with dire consequences if she discloses the incident to others. Subsequently, she informed about the incident to her parents whereupon the F. I. R. was lodged. The statement of the alleged victim was recorded under Section 161, Cr. P.C. and, thereafter, she was sent to the Court where her statement was recorded under Section 164, Cr. P.C.

(3.) ANOTHER bail petition was moved on 26 -9 -2006. The Case Diary could not be produced as it was not received back from the High Court. The accused referred to an advice from the Doctor regarding consultation and further evaluation and treatment under a Cardiologist. A Medical Certificate dated 23 -9 -2006 was produced before the Magistrate, but the prayer for bail was rejected and the case was fixed on 4 -10 -2006 for production of the Case Diary. The Chief Judicial Magistrate also directed the Superintendent, District. Jail, Dhemaji to provide proper treatment to the accused.