DIPTI BARUAH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BK Bhagabati, learned counsel appearing for and on behalf of the petitioner and Mr. K. Saikia, learned counsel for the respondent No.2 and Mr. D. Das, learned Additional Public Prosecutor, Assam, for the State/respondent No.1.

(2.) Present revision is preferred against the judgment and order dated 04.08.2009 passed by the learned Sessions Judge, Kamrup in Sessions Case No. 332(K)/2007 whereby the learned Sessions Judge has acquitted the accused/respondent No.2 from the charge under Sections 448/376 IPC.

(3.) Briefly stated, the prosecution case is that on 14.05.2000, the victim girl was alone in the house, when her mother went for official duties and on her return home at about 10:30 AM, she found that the door of the house was locked from inside and the door was not opened despite she knocked. Thereafter, she saw through the windows and found that accused/ respondent No.2 committing rape upon her daughter inside the room. On the aforesaid facts, she lodged an FIR before the Dispur Police Station and the same was registered as Dispur PS Case No. 608/2005 under Sections 448/376 IPC. The case was investigated by police and victim was medically examined and statement of the victim was also recorded by the Investigating Officer as well as by the court under Sections 161 CrPC and 164 CrPC. At the conclusion of investigation, charge-sheet was submitted against the accused under the aforesaid Sections of law. Accused entered his appearance before the court and denied the charge under Sections 448/376 IPC and claimed to be tried. Plea of defense was of total denial.