DIPEN KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the appeals are taken together as both have arisen out of of the same judgment and order dated 07.06.2017, passed by the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No.203/2012, u/s.341/376 (2) (g) of the IPC.

(2.) I have already heard Ms. N.S. Thakuria, learned counsel for the accused/ appellant Lal Babu Ansari @ Buda Ansari in Crl. Appeal No.291/2017. Today Mr. A. Ganguly, learned counsel appeared and argued for and on behalf of the accused/appellant Dipen Kurmi in Crl. Appeal No. 285/2017. Mr. B.J. Dutta, learned Addl. P.P., Assam advanced his argument for and on behalf of the State respondent. None is present for and on behalf of the informant/respondent No.2, in both the appeals.

(3.) The prosecution case in brief is that on 28.01.2012, the victim girl (name withheld) while returning home after attending Saraswati Puja function at about 12:30 A.M., held at Tiloi Kinar Bongali Gaon School, the accused persons caught hold of her when she reached the gate of her house and dragged her to the nearby paddy field in the backward of her house and accused Dipen Kurmi committed rape upon her and the other accused Lal Babu Ansari @ Buda Ansari was guarding him.