ANKUR DUTTA AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 4.1.2007. passed. in Sessions Case No. 173k/12004, by the learned Sessions Judge, the appellants herein stand convicted under section 376 (2) (g), I.P.C. and sentenced to undergo rigorous imprisonment for six years each with fine of Rs. 2,000.00 and, in default of payment of fine, rigorous imprisonment for a further period of six months.

(2.) The case against the accused-appellants, as unfolded at the trial, may, in brief, be describe as under: The Prosecutrix (DM) lodged in FIR, on 23.3.1998, at Dispur Police Station, alleging, in brief, thus DM's husband. JS, is a grade IV employee in the Fishery Department, his office being situated near Digholipukhuri par, Guwahati, but they used to reside at Beltola Road, Guwahati. On 19.3.1998, at about 7.30 p.m.. when DM was alone In her house, accused-appellant No. 1, namely, Ankur Dutta, came to her house on a motor-cycle, forcibly entered into her house and committed rape on her. When she protested, accused-appellant No. 1 threatened her with dire consequences. The accused-appellant No. 1, then, took her, on his motorcycle, to his residence at Japarigog. On the following day, i.e. 20.9.1998. at about 12.00 noon, accused Ankur Dutta along with two other accused, namely. Prafulla Injal, and Abu Bakkar Siddique (i.e. the accused-appellant Nos. 2 and 3 respectively), committed rape on her. Even Ankur Dutta's mother had assaulted her and took away her gold earrings. Somehow, she managed to escape from the house at about 3 a.m. on 21.3.1998, whereupon she reported the occurrence to her husband. Thereafter, the couple reported the matter to the then Fishery Minister. Babul Das. and, on the instructions of the Minister. the FIR was lodged. Based on this FIR, a case was registered under sections 376/342/379/34, I.P.C. against all the accused aforementioned. As Ankur Dutta's mother expired, the case proceeded against the three male accused, who are, now, appellants in this appeal.

(3.) To the charge framed under section 376 (2) (g), I.P.C. at the trial, all the present accused-appellants pleaded not guilty. In support of their case. prosecution examined altogether seven witnesses. The accused-appellants were, then, examined under section 313 Cr.PC and in their examination aforementioned, all of them denied that they had committed the offence alleged to have been committed by them. the case of the defence being that of total denial. No evidence was, however, adduced b the defence. Having found the accused-appellants guilty of the offence charged with, the learned Trial Court convicted them accordingly and passed sentence against them as mentioned hereinabove. Aggrieved by their conviction and the sentence passed against him, the convicted persons have preferred this appeal.