INDRAJIT CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4.8.04 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 1 (JJ)/03 arising out of G.R. Case No. 908/99 Jorhat P.S. Case No. 443/99 convicting the appellant under section 376, I.P.C. with the sentence of 10 years R.I. and fine of Rs. 1,000/-, in default another term of R.I. for one month and under section 448, I.P.C. with the sentence of R.I. for one year and also to pay a fine of Rs. 500/-, in default, another R.I. for fifteen days. Both the sentences are to run concurrently. Be it stated here that the appellant at the time of conviction was serving as Second Officer, Chinnamara Police Out Post, Jorhat.

(2.) The aforesaid police case subsequently registered as G.R. Case and Sessions Case was on the basis of the F.I.R. lodged by one Smt. Punya Saikia on 21. 10.99 with Jorhat P.S., after 7 days of the alleged incident. As per the allegations made in the F.I.R., her husband was arrested by the police of Chinnamara Outpost about two weeks back and since then she had been living with her two children in a rented house at Jakhalapar. At the time of arrest of her husband she got introduced with the appellant, the Second Officer of the Outpost. Further story narrated in the F.I.R. is that the appellant assured her the release of her husband and asked her to give something in return. The incident narrated in the F.I.R. is that on 14. 10. 1999 at around 9:00 P.M. the appellant came to her residence and asked her to open the door and thereafter entering into her room committed rape on her against her Will. According to her she did not raise any hue and cry out of shame. On 15.10.1999 the landlord asked her to vacate the house and thereafter she took another house on rent at Latif Nagar and started residing there. On 20.10.1999 at about 3:00 P.M. the appellant once again came to her residence and asked her to sleep with him. But she refused to do so and went out of her room. After sometime the Officer-in-Charge of Chinnamara Outpost came to her house and took the appellant away. She narrated the incident to him.

(3.) On the basis of the aforesaid F.I.R., the police investigated the case and thereafter submitted the charge- sheet against the appellant. During the trial the prosecution examined altogether 7 witnesses and the appellant was examined under section 313 of the Cr. P.C. No other witness was examined on behalf of the defence.