ARUP GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Sri Arup Gogoi, who has been convicted by judgment and order dated 21-07-2012, passed by the learned Assistant Sessions Judge, Jorhat, in Sessions Case No. 55(JJ)/2009, under Sections 376(2)(f) of the Indian Penal Court, to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for further period of 6 (six) months. The period already undergone in prison by the accused-appellant is directed to be set off, and the fine, if realised, is directed to be paid to the prosecutrix.

(2.) I have heard Ms. B. Sarma, learned Amicus Curiae appearing on behalf of accused-appellant, and Mr. P.P. Borah, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case, as appears from the evidence on record, is that the PW2 (hereinafter referred to as the victim), was raped by her home tutor, on 27-07-2008, at about 8.00 p.m., in her house. The fact of the case is that the family of the PW1, the father of the victim, consists of PW1 himself, his wife, his three daughters including the victim, his son and one of his brothers, staying together in the same house. The accused-appellant was the home tutor of his three daughters. The accused-appellant used to do tuition in the evening time. On the date of occurrence, while the accused-appellant came to the house of the informant/PW1, for doing the tuition, there was no electric light in his house due to short-circuit. His wife, his son and his youngest daughter were not at home at that time. As there was no light, the accused-appellant left the house of the victim at about 6.30 p.m. without doing the tuition. But he again came at about 7.30 p.m. The father of the victim/PW1, his two brothers, his mother and his two daughters along with the accused-appellant were talking in the veranda of the house. The informant/PW1 requested the accused-appellant to fill up a form of bank loan, which he started doing in the drawing room. Then, the brother of the informant (PW5) wanted the elder daughter of the informant (PW3) to prepare tea for them and, then, the elder daughter (PW3) and her grandmother, i.e., mother of informant/PW1 went to the kitchen for preparing tea and others were sitting in the veranda. After preparation of the tea, they were called to come inside the house for taking tea, and as such, the PW1, his brother (PW5), PW3 and her grandmother went inside the house for taking tea. The victim and another brother of informant/PW1 remained in the veranda and the accused-appellant was filling up the bank loan form in the drawing room. The other brother of the informant left. The victim went to the drawing room where the accused-appellant was filling up the bank loan form. Then, the accused-appellant gagged her mouth, brought her out to the veranda, made her sit on a wooden chair and then penetrated his penis in her private part, resulting in bleeding and also pain. Immediately after the occurrence, the victim went inside the house and told her elder sister (PW3) and grandmother about the commission of rape on her person by the accused-appellant by penetrating his penis in her private part. The informant also saw blood on the lower part of the victim. There was blood on her panty. Initially they thought that she might have attained puberty, but after hearing the narration of the occurrence from the victim about commission of rape on her person by the accused-appellant, the informant took the victim to the nearby police station along with PW3, PW4, PW5 and PW6 and lodged the FIR there, vide Ext. 1.