LILA DUWARAH @ UMA Vs. STATE OF ASSAM
LAWS(GAU)-2018-5-89
HIGH COURT OF GAUHATI
Decided on May 18,2018

Lila Duwarah @ Uma Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an appeal, preferred from jail, by the accused-appellant, against the judgment and order, dated 10.8.2017, passed by the learned Special Judge, Jorhat, in Special Case No. 7/2015, convicting and sentencing the accused-appellant, under Section 376 of the IPC, to rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- and, in default of payment of fine, to suffer rigorous imprisonment for 6 months.
(2.) The case arose out of an FIR, dated 7.4.2017, marked Ext. 1, lodged by the PW2, Ajit Nayak, alleging therein that the accused-appellant committed rape on her daughter causing pregnancy to her. There was a "village meeting" where the accused-appellant was present and was asked to take the victim with him which he did not do. On being advised by the villagers, the FIR was lodged by the informant, aforesaid. The accused-appellant was apprehended by the villagers and handed over to the police.
(3.) On receipt of the FIR, Teok Police Station registered a case, being No. 80/2013, under Section 376 of the IPC read with Section 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as POCSO Act).;


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