MRINAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 16.03.2017 passed by learned Sessions Judge, Nalbari in Crl. Appeal No. 30/2012. By the said judgment, learned Sessions Judge dismissed the appeal against the judgment and order of leaned Asstt. Jpdge and convicted the accused appellant under section 376 IPC and sentenced to imprisonment for seven years with fine of Rs. 5,000/-, in default to further imprisonment for six months.

(2.) As per prosecution case, the accused Mrinal Das, taking advantage of absence of any other member of the family in the house of the informant, forcibly committed rape on the victim, the daughter of PW 1. Immediately after the occurrence, the victim informed the incident to her aunt and to one Apama Deka (PW2) and to her mother. The father of the victim lodged the FIR (Ex-1), on the basis of which police registered a case being Tamalpur PS Case No. 123/2010. After usual investigation, the police submitted charge-sheet against the accused/petitioner under section 376 IPC and eventually the accused stood trial for the offence under section 376 IPC.

(3.) In course of trial, prosecution examined eight witnesses to establish the charge. After conclusion of the evidence of the prosecution, the accused was examined under section 313 CrPC and during such examination, the accused took the plea, that on the previous day of lodging the FIR, the informant had mercilessly beaten the grandmother of the accused and as a retaliation to the said act of the informant, the villagers in a mob chased the informant. Having failed to find the informant in his house, the mob destroyed the house of the informant and the police was also informed about the said incident. In order to get rid of the above case, the informant had lodged the false FIR immediately on the next day. However, the accused did not adduce any defence evidence.