MILTON GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel appearing for and on behalf of the accused /petitioner as well as Mr. D. Das, learned Addl. P.P., Assam, representing the State respondent.

(2.) The prosecution case in brief is that on 25.04.2009, one Smti Jyoti Lahan lodged a written FIR with the Mikirbheta P.S. alleging inter alia that on 24.04.2009, at about 6:00 P.M., the accused person called her daughter aged 7 years to his house and committed rape on her. Accordingly the Mikirbheta P.S. Case No.60/2009 was registered u/s. 376(2)(f) IPC and took up investigation. On completion of the investigation, the I.O. submitted charge sheet against the accused u/s.376(f) of the IPC.

(3.) During trial, the accused appeared before the Court and the learned trial Court, after hearing both sides and perusal of the case diary, charge u/s.376(2)(f) IPC was framed and read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.