HAREN PATGIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant was tried by the learned Sessions Judge, Barpeta under Sec. 376 Indian Penal Code for committing rape on PW-3, the younger sister of the informant (PW 1) on 17.1.1997 at 7 p.m. at Kardoiuri field. The learned Sessions Judge, Barpeta at the conclusion of the trial convicted the appellant and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000.00. In default of payment of fine, the appellant was further sentenced to undergo 6 (six) months R.I. It was also directed by the learned trial court that if the fine were realized, the same would be given to the victim as compensation.

(2.) The factual matrix of the prosecution case is that on 17.1.1997 victim (PW3), the sister of (PW 1), the informant was taken away by the appellant to act in a theatrical performance in their village. On their way while both reached Kardoiguri Pathar at 7.p.m. the appellant forcibly raped on her and left the place. The victim (PW3) thereafter took shelter at Chekigaon wherefrom she had been escorted to her residence by PW7 and PW8. A village mel was convened during the right itself. But there was no result. On the next morning at 10 a.m. i.e. on 18.1.1997, PW1 set the criminal law in motion by filing FIR (Ext. 1) with the Officer-in-Charge of Sarupeta Police Out Post. On being filed the FIR (Ext. 1), the same was forwarded to Patacharkuchi Police Station for registration of a case. Sashadhar Pathak, Sub-Inspector of Police of Sarupeta Police Out Post on receipt of the FIR (Ext. 1) after entering the same in the General Diary took up the investigation of the case in anticipation of entrustment of the investigation to him by the Officer-in-Charge of Patacharkuchi Police Station. The Station House Officer of Patacharkuchi Police Station accordingly registered a case under Sec. 376 IPC.

(3.) The case was investigated into. During investigation, the witnesses were examined under Sec. 161 of the Crimial P.C. Statement of the victim girl (PW 3) under Sec. 164 as well as under Sec. 161 were recorded and examined by a doctor also. After completion of the investigation, a charge sheet was laid against the appellant under Sec. 376.