Decided on May 16,2018

Dulu Kasap Appellant
STATE OF ASSAM Respondents


HITESH KUMAR SARMA,J. - (1.) 1.It is not only unimaginable, but a shameless, heartless, unpardonable and hateful act of commission of rape on a 60 years old mother by her son is being unfortunately dealt with by this Court in this judgment. A mother is never expected to be raped by her own son. It is a heinous offence, even at the zenith of a strained relationship between the mother and the son. In our society, committing of rape on mother by his son is unheard of. The son is always in a position of trust with his mother and the accused-appellant being in a position of trust with the victim/mother, committed rape on her person.
(2.) This is an appeal from jail, preferred by accused/appellant, Sri Dulu Kasap, who has been convicted by judgment and order dated 30.05.2017, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 225 (J-T)/2016, under Sections 376 (2) (f) of the IPC, to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 15,000/-in default, to suffer rigorous imprisonment for further period of 6 (six) months. The period already undergone in prison by the accused-appellant is directed to be set off, as provided under Section 428 of the Cr.P.C.
(3.) I have heard Mr. B Baruah, learned Amicus Curiae appearing on behalf of accused-appellant, and Mr. BJ Dutta, learned Additional Public Prosecutor, Assam.;

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