HAREN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Shri Haren Bora was tried and convicted under Sections 448/376. IPC by the learned Sessions Judge, Nagaon in Sessions Case No. 85 (W-H) of 1989 and sentenced to undergo R.I. for 1 year under Section 448, IPC and to R.I. for 7 years with fine of Rs. 1,000/- on default of payment of fine to undergo 4 months R.I. under Section 376, IPC. Having aggrieved, the appellant has preferred this appeal on various grounds incorporated in the memorandum.

(2.) Prosecution story is that on 22-11-1987 at about 9.30 p.m. Smt. Nilima Bora was sleeping in her fatherTs house along with her two years old baby and her sister aged 18. The accused Haren Bora a Home Guard attached to Kaki Police Station, knocked at the door. As the parents of Nilima Bora were away to neighbours house to attend a Nakhowa, she thought that it was her parents who had knocked the door. She lighted a Chaki and the moment she opened the door, the accused gagged her mouth, laid her down and raped her forcefully. The younger sister of the victim, hearing ruffling sound came to the front room and found her sister lying in a dishevelled condition. She however, did not see the accused as he had left the place by that time. In the meantime, the parents also came back and Smt. Nilima Bora narrated the occurrence to them by referring to the assailant as a member of Home Guard. Her father, Shri Puma Bora took her to the nearest Police Station and, around 2 p.m., lodged the FIR depicting the above incident.

(3.) The police immediately registered a case and took up investigation. The accused who by that time appeared at the P.S. was arrested and forwarded to the Court. The prosecutrix was also sent for medical examination. Her statement was also recorded on 24-11-1997 under Section 164, Cr. P.C. Eventually, on completion of investigation, the police submitted charge-sheet against the appellant under Sections 448/376, IPC.