SRI PRANAB TAHU AND ORS. Vs. THE STATE OF ASSAM AND ANR.
LAWS(GAU)-2018-1-147
HIGH COURT OF GAUHATI
Decided on January 23,2018

Sri Pranab Tahu And Ors. Appellant
VERSUS
The State Of Assam And Anr. Respondents

JUDGEMENT

MIR ALFAZ ALI,J. - (1.) Both the appeals are directed against the judgment and order dated 08/06/2016 passed by learned Addl. Sessions Judge, Jorhat in Sessions Case No. 3 (JJ) of 2014. By the said judgment, learned Sessions Judge convicted Pranab Tahu (appellant in Crl. Appeal No. 182 of 2016) and awarded sentence of imprisonment for seven years and fine of Rs. 20,000/- with default stipulation. Learned Sessions Judge also directed to pay 50% of the fine amount to the victim as compensation.
(2.) Prosecution case, in brief is, that the accused/appellant, Pranab Tahu came to the house of the victim on 18/05/2013 and stayed there for the night. At about 12 O'clock at night, the accused Pranab Tahu entered into the room of the victim and committed rape on her by gagging her mouth. Somehow she could manage to raise huge and cry, hearing which, the members of her family and a few neighbours arrived there and the accused had fled away, taking advantage of darkness. An FIR was lodged on 22/05/2013 by the victim herself, on the basis of which, police registered a case and after usual investigation, submitted charge sheet against the accused/appellant Pranab Tahu under section 376 IPC and eventually, the accused/appellant stood trial for the offence under section 376 IPC.
(3.) In course of trial, charge was framed under section 376 IPC against the appellant Pranab Tahu, to which he pleaded not guilty. Thirteen witnesses were examined by the prosecution to establish the charge against the accused. On completion of the prosecution evidence, the accused was examined under section 313 CrPC, 1973 and all the incriminating evidence were put to him. In his examination under section 313 CrPC, 1973 the accused took the plea of innocence and examined himself as a sole defence witness. On appreciation of evidence, learned trial court convicted the appellant Promod Taye under section 376 IPC and awarded sentence as indicated above.;


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