UTTAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 13th day of September, 2024 pronounced by the learned Sessions Judge, (FTC-2) Tinsukia in Sessions Case No. 13 (T) of 2021) arising out of Tinsukia P.S. Case No. 739/2019, convicting the appellant under Sec. 376, IPC and sentencing him to undergo Rigorous Imprisonment for 10 years for his offence u/s. 376 IPC, and to pay a fine of Rs.10,000.00 in default to undergo S.I. for another 6 months. The fine amount, if realised, was to be paid to the victim. The accused was entitled to have the previous custodial period set off against the total period of conviction, as per Sec. 428 Cr.P.C.

(2.) The case of the prosecution's case was that in December 2018, when the victim, the daughter of the informant, went to stay in the house of the accused, the accused established a physical relationship with her by alluring her. It is further stated that the victim became pregnant as a result of the physical relationship established. The father of the victim had lodged an FIR, and Tinsukia P.S. case No. 739/2019 u/s 376 IPC was registered against the accused. On completion of the investigation, the I.0. submitted a charge sheet against the accused Uttam Das u/s. 376 IPC.

(3.) Formal charge against the accused under Sec. 376 IPC vide was framed by order dtd. 5/1/2022. The charge was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried. The prosecution side adduced evidence from four witnesses. The defence plea was one of total denial, and the defence did not adduce evidence.