SANKIRTAN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) NONE appears for the accused appellant when the matter was called upon. Heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.

(2.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 30.6.2003 passed by the learned Addl. Sessions Judge (Ad hoc), Fast Track Court, Biswanath Chariali, Sonitpur, Assam in Sessions Case No. 106/2002 convicting him under Section 417 IPC and sentencing him to undergo 3 (three) months simple imprisonment and fine of Rs. 10,000, in default to pay fine within three months, further simple imprisonment for three months.

(3.) AS expected and quite naturally there is no eye -witness to the alleged incident. I have gone through the statement of the victim woman recorded under Section 164, Cr.PC as well as her oral evidence tendered before the learned trial court. I find that she has all along been maintaining the allegations made in her complaint/FIR. On consideration of the statement of the victim girl under Section 164, Cr.PC and also her evidence on record, it is ascertainable that she consented to have the sexual relationship with the accused appellant on his promise to marry her. She was induced to sexual intercourse with the appellant on a word being given by the appellant that he would marry her. Although the charge was framed under Section 376/417, IPC, the accused appellant was, therefore, rightly convicted under Section 417, IPC. The evidence of the medical officer, PW7, is that the victim girl was aged about 16/17 years which means that she was above 16 years on the date of occurrence and she was capable of giving consent to sexual intercourse.