KULEN HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 05.12.2001, passed in Sessions Case No. 28/2000, the learned Sessions Judge, Nalbari, has convicted the accused-appellant under Section 376/448 IPC and sentenced him, for his conviction under Section 376 IPC, to undergo rigorous imprisonment for ten years and pay fine of Rs. 1,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a further period of two months and also to undergo, for his conviction under Section 448 IPC, rigorous imprisonment for a period of six months with direction that both the sentences shall run concurrently.

(2.) The case of the prosecution, in brief, be described as follows : While the victim girl, who is hereinafter referred to as M, aged about 13 years, was alone at her home and her mother had gone out for fishing, the accused, on noticing that 'M's mother had gone to rivulet, came to her house, forcibly put her on a bed and had sexual intercourse with her. On being informed, the victim's mother, who is hereinafter referred to as D, came home and was reported about the occurrence by M, whereupon M was taken to. [Bangapara PHC, where the doctor examined her and found her hymen torn with the edge of her vagina red, painful and bleeding. Thereafter, M lodged a written Ejahar with the police and a case was accordingly registered against the accused under Sections 376/448 IPC. On completion of investigation, police laid charge- sheet against the accused under Section 376 and 448 of the IPC.

(3.) To the charge framed against the accused under Sections 376/448 IPC, at the trial, the accused pleaded not guilty.