DEEPJYOTI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Das, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondents. Considering the nature of the order proposed to be passed, we deem it appropriate that notice need not be served on the prosecutrix respondent No.2.

(2.) An Ejahar dated 08.11.2017 was lodged before the Officer-in-Charge of Patacharkuchi Police Station by the prosecutrix respondent No.2, inter alia stating that the respondent No.2 had a relation with the accused petitioner for about two months, but because of his bad character, she had discontinued the relationship. In the evening of 07.11.2017, when the prosecutrix respondent No.2 proceeded to the Rash Mahotsav at Baghmara with a friend Barasha Das, the accused petitioner followed her and at about 9.30 p.m clutched her hand and dragged her away. When the friend of the prosecutrix respondent No.2 tried to restrain the accused petitioner, he had scolded her and dragged away the prosecutrix respondent No.2 and took her to one of his friend house at Sukulipar on a motor cycle.

(3.) It was further stated that when the prosecutrix respondent No.2 raised hue and cry, the accused petitioner gagged her mouth and took her inside the house. It was alleged that upon taking her inside the house, the accused petitioner forcefully raped and confined her there for about one hour. Upon such ejahar being lodged, Patacharkuchi P.S. Case No.785/2017 was registered under Sec. 366/342/34 Penal Code read with Sec. 4 of the POCSO Act.