SUKUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Mahanta, learned counsel for the appellants and Mr. B.B. Gogoi, learned Additional Public Prosecutor, for the Respondent State.

(2.) The prosecution story in brief is that on 12.3.1999, one Sri Krishna Singh of Parmaighuli village filed a written Ejahar with the In-charge, Mahabhairab Police Out post alleging that in the mid night intervening 10.3.1999 and 11.3.1999, two co-villagers namely Md. Sukur Ali and Md. Abu Husain trespassed into the house of the informant and committed rape on his wife Smti. Rani Singh. Some villagers having come to know went to the house of the accused persons to enquire about the occurrence but the accused persons and their relatives armed with dao and iron rod etc., chased them out and therefore they had to run away crossing the river. On the basis of the aforesaid Ejahar a crime being Tezpur Police Station Case No. 100/99 was registered under Sections 448/376/34 IPC on 12.3.1999. The crime was investigated by the Investigating Officer, PW 7, Sri Indreswar Bora. He visited the place of occurrence on 13.3.1999 and on observing the necessary formalities and after examining some witnesses of the village arrested the accused persons on 13.3.1999. On completion of the investigation, the Investigating Officer laid the charge sheet against the accused persons namely Md. Sukur Ali and Md. Abu Hussain under Sections 448/376/34 IPC. The offence under Section 376 IPC, being exclusively triable by the Court of Sessions, it was committed to the Court of learned Sessions Judge, Sonitpur. The learned trial Court framed charges under Section 376 IPC. On being read over and explained to them, the accused persons pleaded not guilty and claimed to be tried.

(3.) The prosecution examined as many as seven witnesses including the medical officer and the investigating officer. The defence examined none.