RAMJAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Revision Petition is directed against the judgment and order passed by the learned Sessions Judge, Goal para, Dhubri, in Criminal Appeal No. 3(2) of 1981. By the impugned judgment and order the learned Sessions Judge affirmed the conviction and sentence of petitioners Nos. 1 and 2 under section 376 IPC.

(2.) The victim girl is a Tribal lady belonging to Bodo community. Prosecution case in brief, is that on the date of occurrence at about 11 A. M. while the prosecutrix was returning home the two accused persons who belonged to a different community accosted her near a jute field, gagged her mouth with a piece of cloth and committed rape on her. It is also alleged that as it was raining and as her mouth was gagged though she cried nobody could hear it as there was no house near about the place of occurrence. The victim girl returned home with clothes stained with mud and narrated the incidents to her mother and mother's sister. Her father who is a daily-labourer reported the matter to the secretary, Village Defence Party and there was a meeting of the villagers in which it is alleged that the accused persons admitted their guilt and accordingly the village imposed a fine or Rs. 500/- but the accused persons did not pay the same and they were taken away forcibly by their villagers. Thereafter the first information report was lodged.

(3.) The learned trial Court found the accused persons guilty under section 376 IPC and sentenced them to RI for three years and to pay a fine of Rs. 500.