GANESH DAS S/O LT ZANGBOR DAS Vs. STATE OF ASSAM
LAWS(GAU)-2018-8-59
HIGH COURT OF GAUHATI
Decided on August 16,2018

Ganesh Das S/O Lt Zangbor Das Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Heard Mr. H.R.A. Choudhury, learned Sr. Counsel assisted by Ms. S.K. Nargis, learned counsel for the appellant and Mr. B.B. Gogoi, learned Addl. P.P., Assam. This appeal is directed against the judgment and order dated 14.07.2014 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 60/2013. By the said judgment, learned Sessions Judge convicted the appellant under Section 376 IPC and sentenced him to imprisonment for 10 years and fine of Rs. 10,000/- with default sentence.
(2.) As per prosecution case, on 18.02.2013, due to inconvenience of his wife the accused took the victim, daughter of the informant PW-2, to his house for helping his wife in domestic works. On the same night, the appellant committed rape on her. In the next morning, the victim was admitted in Nagaon Civil Hospital for treatment. The accused also informed the parents of the victim, that she was ill and admitted in hospital. Having come to know, about the illness of the victim, her parents came on 20.02.2013 and met the accused along with the victim, on the way, while they were coming from hospital. Having come to know from the victim that rape was committed on the victim, the parents of the victim again took her for medical examination and eventually lodged the FIR (Ext 4). On the basis of the said FIR, police registered a case and on completion of investigation submitted charge sheet against the appellant and his wife under Section 376/109 IPC.
(3.) During trial, learned Sessions Judge framed charges under Section 376 IPC R/W Section 109 IPC against both the accused, which were denied by them. Nine witnesses were examined by the prosecution to establish the charges. On appreciation of evidence, learned Trial Court convicted the present appellant and awarded sentence as indicated above. However, the co-accused, wife of the present appellant was acquitted of the charge.;


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