BASISTHA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr A.S. Choudhury, learned counsel fon the petitioner as well as Mr B. Banerjee, learned Public Prosecutor, Assam appearing for the State. I have also considered the records; of the case.

(2.) The case of the revision petitioner may be stated briefly as follows. On 8.5.97 the Officer-in-charge, Khetri Police Station, received an FIR Ext. 1 lodged by Smti Theperi Das to the effect that on the previous day at about 12 noon while her minor daughter Smti Ambika (PW. 2) was answering nature's call near railway land, accused Basistha Das caught hold of her and forcibly took her to the nearby jungle and tried to commit rape on her. Smti Ambika raised hue and cry that attracted her sister Smti Akanti (C W. 1). She came near the place of occurrence and started throwing stone to the accused and he ran away. Even though as per the printed form of the FIR Ext 1, the FIR is stated to have been received in the Police Station on 11.5.87 at 11 A.M., the actual FIR bears the dated 8.5.87. On receipt of the same the polio; registered a case and on completion of investigation charge-sheeted the accused under Section 342/354/323IPC.

(3.) The trial Court framed, read over and explained the charge under the aforesaid Sections of law to the accused Co which he pleaded innocence and claimed to be tried. In the trial the prosecution examined 5 witnesses. Curiously enough, Smti Akanti who claimed to have reached the place of occurrence hearing her sister's cries was not examined by the Investigating Officer. She w,as however examined as a CW. 1. During examination under Section 313 Cr.P.C. the age of the accused was recorded to be 25 years. He pleaded innocence and declined to adduce any evidence.