- (1.)This appeal is directed against the judgment and order dated 13.8.2002 passed by the learned Additional Sessions Judge (Ad hoc), Kokrajhar in Sessions Case No. 2/2001 convicting the accused under Section 376, IPC and sentencing him to undergo 7(seven) years of rigorous imprisonment and to pay fine of Rs. 5,000, in default to suffer another six months simple imprisonment.
(2.)I have heard Mr. I. Hussain, learned Counsel led by Mr. A.S. Choudhury, learned Counsel for the Appellant and Mr. B.B. Gogoi, learned Public Prosecutor for the State.
(3.)The prosecution case in brief is that an FIR was lodged on 23.4.1998 by one Smt. Menoka Barman alleging that on 22.4.1998 at about 6.30 p.m. in her absence, the accused/Appellant entering into her house committed rape on her minor daughter aged about 7 years. On the basis of the aforesaid FIR, the Gossaigaon PS Case No. 62/98 under Section 376, IPC was registered against the accused and the process of investigation started. The Investigating Officer ('I/O') during the course of investigation visited the place of occurrence, seized articles and got the victim medically examined and arrested the accused. After completion of the investigation having found a prima facie case, police submitted charge sheet against the accused under Section 376, IPC. The case being exclusively triable by the Court of Sessions, after registering the case as GR No. 334/98 the learned CJM, Kokrajhar committed the case to the court of learned Sessions Judge, Kokrajhar.