DHARANI DALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE Appellant Dharani Daloi was convicted by the learned Assistant Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 3(DM -1) of 1996 for the offence punishable under Section 366(A) of the IPC and was sentenced to undergo rigorous imprisonment CRD for five years and to pay a fine of Rs. 5,000 in default, to suffer RI for six months.

(2.) PROSECUTION case in brief is that an FIR was lodged on 16.5.1990 by one Guna Ram Doloi before Kalaigaon Police Station stating, inter alia, therein that on 14.5.1990 at about 6 p.m. his minor daughter was kidnapped by the accused Appellant on her way to her house. Upon hearing the news, the victim girl was searched by her father, i.e., the informant with the help of other villagers and she was recovered from the house of the accused. On enquiry she told her father that the accused Appellant had committed sexual intercourse against her will.

(3.) THE case being exclusively triable by the Court of Sessions, the learned Judicial Magistrate, 1st Class, Mangaldoi committed the case to the court of Sessions for trial wherein on perusal of the materials on record and after hearing the learned Counsel appearing for the parties, the learned Sessions Judge framed charge under Section 366(A)/ 376 of the IPC against the accused. The charge so framed being read over and explained to the accused, he pleaded not guilty and claimed to be tried. Thereafter, the learned Sessions Judge transferred the case to the court of the learned Assistant Sessions Judge, Darrang, Mangaldoi for trial.