RAM NARAYAN JHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal directed against the judgment and order dated 30-7-1992 passed by the learned Additional Sessions Judge, Kamrup at Guwahati convicting the accused appellant under S. 376, IPC and sentencing him thereunder to 4 (four) years rigorous imprisonment and to pay a fine of Rs. 1000/-, in default to further 6 (six) months' rigorous imprisonment in Sessions case No. 87(K-G)/90.

(2.) The prosecution case in brief is that on the night of 28-10-89 P.W. 1 Lila Devi was sleeping in the Railway Quarter at Bamuni-Maidan under Chandmari Police Station. Her children were also sleeping in the room. Her husband P.W. 2 Bhusan Poddar, a Marble Mistry, was away. He had gone to the house of P.W. 4 Robin Baruah. At about 12-30 a.m. the accused Ram Narayan Jha, who had let out one part of his Railway Quarter to P.Ws. 1 keeping the other part for himself knocked the door and told P.W. 1 that he had an urgent message for her from her husband. P.W. 1 opened the door. The accused entered and bolted the room from inside. She had her 8 months' old boby in her lap. He snatched the baby, kept him on the bed, forcibly made her to lie down on the floor and raped her. After twenty minutes he left the room. When her husband P.W. 2 returned home she told him about the incident. Next morning P.W. 2 met P.W. 4 and along with him went to the Police Station and lodged the FIR Ext. 1.

(3.) The Police registered a case under S. 376, IPC. The Investigating Officer visited the place of occurrence at about 2-10 p.m. on the same day and got P.W. 1 medically examined by P.W. 5 Asstt. Professor, Forensic Medicine, Guwahati Medical College. On completion of investigation the police charge-sheeted the accused under S. 376, IPC. The learned Magistrate committed the case to the Court of Session under the said section of law.