RAJU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel, Mr. A. Choudhury for the appellant and Mr. B.B.Gogoi, learned Addl. P.P. for the State/respondent.

(2.) This appeal is directed against the judgment and order passed by learned Asstt. Sessions Judge, Hailakandi, in Sessions Case No. 80/2016. By the said judgment, learned Asstt. Sessions Judge convicted the appellant u/s 376/506 IPC and sentenced him to rigorous imprisonment for seven years and fine of Rs. 10,000/- with default stipulation. The appellant was further sentenced to imprisonment for one year u/s 506 IPC.

(3.) As per prosecution case, on 4.10.2014, at about 8 O'clock at night, the victim went to witness the immersion of idol "Durga" with some of her friends. As she went towards Narayanpur Bazar in order to attend the call of nature, the appellant dragged her to the Senior Basic School by gagging her mouth and committed rape on her inside the school. After the occurrence, she narrated the incident to her brother Ranu Das. On the next day, the victim herself lodged the FIR (Exhibit-1), on the basis of which, police registered the Algapur P.S. Case No. 253/2014 under sections 341/376/506 IPC. During the course of investigation, police recorded statement of the witnesses and sent the victim for medical examination. The statement of the victim was also recorded u/s 164 Cr.P.C. On conclusion of investigation, charge-sheet was laid against the present appellant u/s 341/376/506 IPC and eventually he stood trial.