GORE NEWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PD Nair, learned counsel appearing for and on behalf of the petitioner and Mr. BJ Dutta, learned Additional Public Prosecutor, Assam, for the respondent/State.

(2.) Present revision has been preferred against the judgment and order dated 08.02.2010 passed by the learned Additional Sessions Judge, Dibrugarh in Criminal Appeal No.30(4)/2009 upholding the conviction and sentence passed by the learned Assistant Sessions Judge, Dibrugarh, in Sessions Case No.1/2008.

(3.) A criminal case was initiated on filing of an FIR by one Ramnath Panika through the Officer-in-Charge of Namrup Police Station alleging that on 11.09.2007 while his daughter was returning home at about 9:30 PM after witnessing a Kirtan, the accused forcefully committed rape upon her. Accordingly, a case was registered under Sec. 376 Penal Code against the accused (Gore Newar) as Namrup PS Case No.75/2007 under Sec. 376 Penal Code. The victim was examined by medical officer and her statement was also recorded under Sec. 164 CrPC.