CHEAIRMAN RAJOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 14.09.98, passed, in Sessions Case No. 156 (S)/97, by the learned Additional Sessions Judge, Sonitpur, the accused-appellant stands convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for five years and pay a fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of three months.

(2.) The prosecution case against the accused-appellant, as projected at the trial, may, in brief, be described thus: The victim, 'X',a female person, aged below 16 years and a student of class VI, is the daughter of PW1 and PW 3. On the day of the occurrence, when the parents of'X' had gone out to work in the field, the accused-appellant, taking advantage of the absence of the parents of the victim, entered into the house, forcibly dragged the victim to the bed-room, put her on the bed lying there and forcibly had sexual intercourse with her. Taking advantage of the absence of the parents of the victim from their house, the accused-appellant came, on quite a few occasions, to the house of the victim and had sexual intercourse with her. After about two months of the first sexual intercourse, which the accused-appellant so had with the victim, the victim's menstruation cycle stopped and when her mother, initially, took her to a doctor, she was diagnosed to be a patient of malaria and accordingly given some medicines. As her condition did not improve, the victim was brought by her father to the Civil Hospital, Tezpur, where, on examining the victim, the doctor found her pregnant. When enquired by her parents, the victim told them that it was the accused Cheniram Rajowar, who had sexual intercourse with her and made her pregnant. The victim's father, then, called for a 'mel' (i.e., the meeting of the elders of the society); but the accused did not admit that he was the one through whom the victim had become pregnant. Left with no alternative, the victim's father lodged a written complaint with the police and a case was accordingly registered against the accused under Sections 493/376 IPC. During the course of investigation, the victim was medically examined and the doctor opined that she was below the age of 17 years. The doctor also opined that she also running pregnancy of about 24 weeks. On completion of investigation, police laid charge sheet against the accused under Sections 493/376 IPC.

(3.) To the charge framed against the accused-appellant, at the trial, under Section 376 IPC, the accused-appellant pleaded not guilty.