SHRI HEMANTA PHUKAN Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-123
HIGH COURT OF GAUHATI
Decided on January 08,2018

Shri Hemanta Phukan Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

HITESH KUMAR SARMA,J. - (1.) This criminal revision petition is filed, under Section 397, read with Section 401 of the Code of Criminal Procedure, against the judgment and order, dated 25-07-2008, passed by the learned Sessions Judge, Jorhat, in Criminal Appeal No. 39 of 2007 upholding the judgment and order, dated 28-09-2007, passed in Sessions Case No. 94(JJ)/2005, by the trial Court of learned Assistant Sessions Judge, Jorhat, convicting the accused-petitioner under Sections 342/376 of the IPC and sentencing him to rigorous imprisonment for 5 years and a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for 6 months, for the offence under Section 376 of the IPC and to undergo rigorous imprisonment for 6 months for the offence punishable under Section 342 of the IPC.
(2.) I have heard Mr. D Talukdar, learned counsel for the revision petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam.
(3.) The prosecution case, in brief, is that the victim, along with 4 other girls, aged ranging from 10 to 14 years, was on the way to school, on foot, on the date of occurrence, i.e., on 17-05-2004. They were stopped by the accused-petitioner when they reached near his house. The accused-petitioner called the victim to his house telling her that he would deliver a letter. She followed the accused to his house and, then, the accused closed the door and committed rape on her. She came out of the house and joined her friends waiting outside. She was found crying. One of her friends, Arpona (PW3) enquired about the reason of her weeping to which she replied that the accused committed rape on her person. Thereafter, all the girls including the victim went to the school. At a later point of time, she informed her parents about the occurrence.;


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