MAHADEV DAS Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.01.2017 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 170(T)/2015. By the said judgment, learned Sessions Judge convicted the appellant under sections 376/448 IPC and sentenced him to Rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 500/- with default stipulation under section 376 IPC. The appellant was further sentenced to pay a fine of Rs. 500/- and in default to Rigorous imprisonment for 1 (one) month under Section 448 IPC.

(2.) As per the prosecution case, on 18.03.2015, while the victim (PW-6) was sleeping in her house with her two children, the appellant Mahadev Das entered into the house and committed rape on her. At the relevant time, the husband of the victim was away from home, at Arunachal Pradesh and therefore, the FIR exhibit-4 was lodged on 20.03.2015. On the basis of the said FIR, police registered Doomdooma PS Case No. 123/2015 under Sections 448/376 IPC and commenced investigation. In course of the investigation, the statement of the victim was recorded under Section 164 Cr.P.C. On completion of investigation charge-sheet was laid against the appellant under Section 448/376 IPC and eventually the appellant stood trial.

(3.) In course of trial, charges were framed under Section 448/376 IPC against the appellant, to which, he pleaded not guilty. The prosecution examined 10 (ten) witnesses to establish the charges. No defence evidence was adduced by the accused and the plea of the accused was that of innocence. On appreciation of evidence, learned Sessions Judge convicted the appellant under Section 448/376 IPC and awarded sentence as indicated above.