PRASANTA BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sekhar, learned counsel for the convict appellants. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, for the respondent State of Assam.

(2.) This appeal has been preferred by 2(two) of the 5(five) accused persons, convicted by the Court of Addl. Sessions Judge (FTC), Lakhimpur, North Lakhimpur, vide Judgment dated 29.06.2007 in Sessions Case No. 27 (NL) 03, convicting them under Sections 457/376(2)(g) IPC and sentencing them to undergo R.I. for 3 years and to pay a fine of Rs. 2000/-, in default of payment of fine, to suffer R.I. for a further period of 2 months for the offence under Section 457 IPC and further to undergo R.I. for 10 years and to pay a fine of Rs. 5000/-, in default of payment of fine, to suffer R.I. for a further period of 2 months for the offence under Section 376(2)(g) IPC both sentences to run concurrently. The prosecution case, in brief, is that in the night of 15.03.2002, the FIR named accused persons forcefully entered into the house of informant and threatened her and her daughter Smt. Purnima Sutradhar. While Smt. Purnima Sutradhar managed to flee away from the house, the informant was allegedly gang-raped by the accused persons. On receipt of the FIR, police registered Dhakuakhana P.S. Case No. 30/2002 under Sections 457/376(2) (g)/506 IPC and launched investigation. During the investigation, the I.O. sent the informant victim woman for medical examination, examined some of the witnesses, arrested the accused persons and on completion of the investigation, submitted charge sheet against 5 (five) accused persons, namely, Prasanta Bharali, Ranjan Saikia, Niranjan Rajkhowa, Joy Ch. Chutia and Bupan Saikia. The case being committed, the learned Court of Sessions framed the charge against the aforementioned accused persons under the relevant sections of Indian Penal Code, as noted above. On being explained, the accused persons pleaded not guilty and claimed to stand trial. The prosecution, in order to establish its case, examined as many as 6 (six) witnesses including the informant victim woman. The accused persons examined none in their defence. After conclusion of the trial, on consideration of the materials and evidence on record and upon hearing the learned counsel for the parties, the learned trial Court passed the Judgment, dated 29.06.2007, convicting and sentencing them, as stated above. Out of the 5(five) convicts, only 2(two) of them, namely, Prasanta Bharali and Niranjan Rajkhowa, are before this Court in appeal.

(3.) For disposal of this appeal, I would like to refer to and examine the FIR, statement of the informant victim woman under Section 164 CrPC, her oral evidence, and the evidence of Medical Officer, for the purpose of testing the veracity and reliability of the evidence of the informant victim woman.