NIL KAMAL PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 63(S-C) of 2006 convicting the accused appellant under section 448/354 of the IPC and sentencing him to pay fine of Rs. 1,000/- (Rupees One Thousand), in default, to imprisonment for 6 (six) months under section 448 IPC and sentencing him to imprisonment for 1 (one) year and to pay fine of Rs. 500/- (Rupees Five Hundred), in default, to imprisonment for 1 (one) month is the subject matter of challenge in this appeal.

(2.) Heard Mr. B.M. Choudhury, learned counsel appearing for the appellant and Mr. N.K. Kalita, learned Addl. Public Prosecutor, Assam.

(3.) The accusation against the accused appellant is that on 12.06.2005 at about 1 P.M. he came to the house of the victim girl and taking advantage of the absence of the other family members sexually molested her. The matter was sought to be resolved in a village meeting but due to absence of the accused the meeting could not be held and consequently there was delay in filing the FIR. In the First Information Report filed by the father of the girl, the date, time and manner of commission of the crime has been clearly spelt out and there is nothing to suspect embellishment or afterthought.