NURUT ZAMAL Vs. STATE OF ASSAM
LAWS(GAU)-1994-6-35
HIGH COURT OF GAUHATI
Decided on June 22,1994

Nurut Zamal Appellant
VERSUS
STATE OF ASSAM Respondents


Referred Judgements :-

KARNAIL SINGH V. STATE OF PUNJAB [REFERRED TO]
GIRJA SHANKAR MISRA V. STATE OF UP [REFERRED TO]
PALVINDER KAURRUP SINGH FATHER OF JASPAL SINGH DECEASED CAVEATOR VS. STATE OF PUNJAB [REFERRED TO]
SHEIKH HASIB ALIAS TABARAK VS. STATE OF BIHAR [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]


JUDGEMENT

V. Dutta Gyani, J. - (1.)This appeal is directed against the judgment dated 23rd Dec., 1991 delivered by learned Sessions Judge, Barpeta in Sessions Case No.17 (B)/91,thereby holding the appellant guilty of offence punishable under section 376 Penal Code and sentencing him to undergo imprisonment for life and a fine of Rs. 2,000.00, in default, to suffer rigorous imprisonment fora year.
(2.)Prosecution case stated in brief was that on 3rd Sept., 1986 Smti Monebala PW 5, her cousin Smti Gafuli PW 2, mother Sonari PW 7 and PW 6 Smti Sorai Boro accompanied by two other girls Lalita and Purnima had gone to Bogidhara to work in a paddy field. When they were returning home after the day's work while passing beside a jute field Ohad Ali and Md. Abduruk Ali residents of Bogidhara attacked them with weapons and committed rape on Gafuli and Monebala.
(3.)As it was getting late and the girls had not returned from the field naturally the younger brother Niranjan Boro went to Bogidhara, he met them at the house of one of their relation Khargeswar Boro. His mother Sonari PW 7 apprised him that the girls were raped, the culprits were recognised, PW 3 thereafter lodged the first information report Ext. 1 at Sorbhog Police Station. A case under section 376 Penal Code read with section 341/323/324 and 34 Penal Code was registered and taken under investigation by PW 9. The victims were sent for medical examination to Sorbhog State Dispensary where they were examined by PW 1 Dr. Thakur Ojha. According to him Gafuli aged about 15 years and Monebala aged about 17/18 years and were subjected to rape. He also found swelling with mark of ecchymosis on the body of Purnima and Sorai. No mark of injury was found on PW 7 Sonari Boro.


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