LEPA GAYARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.D. Choudhury, learned Amicus Curiae and Mr. P.C. Gayan, learned P.P, Assam.

(2.) An FIR was lodged by P.W.-1 the father of the victim girl on 28.6.2004 with the Dimakuchi Police Out post under Paneri Police Station alleging that his daughter aged about 15 years while coming along with her 6 years old younger sister at about 12 noon to enquire about midday meal from their mother, who was working in the garden, the appellant forcibly caught her and raped her in the Garden No. 5 as a result of which her vagina was bleeding and she was recovered almost in unconscious state.

(3.) Having registered a case on the basis of the FIR, the police started investigation and on completion of the same submitted charge sheet against the appellant under Section 376 IPC.