APARNA CHAKRABORTY Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-47
HIGH COURT OF GAUHATI
Decided on January 19,2018

APARNA CHAKRABORTY Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This revision is directed against the judgment and order dated 10.02.2012 passed by the learned Assistant Sessions Judge No. 2, Silchar in Sessions Case No. 13/2011. By the said judgment, learned Trial Court acquitted the respondent No. 2 of the charges under Section 376 and 417 IPC.
(2.) As per prosecution case, the accused/respondent No. 2 was the neighbor of the victim and he used to visit the house of the victim very often and developed a relationship with the victim. The respondent No. 2 was also engaged in physical relationship with the victim forcibly and consequently the victim became pregnant. When the respondent No. 2 was informed about the pregnancy of the victim, the respondent No. 2 promised to marry her. But later on, he started avoiding the victim. The mother of the victim informed the father of the respondent No. 2, who initially assured to settle the matter, but did not take any step. The informant along with the victim went to the house of the respondent No. 2 to discuss the matter, but the respondent No. 2 and his father misbehaved them and had driven out them from the house. Finding no alternative, the mother of the victim lodged the FIR (Ext.1), on the basis of which, police registered a case and after usual investigation, laid charge sheet against the accused/respondent No. 2 under Section 376 and 417 IPC.
(3.) On receiving the charge sheet learned Judicial Magistrate took cognizance and having found the offence under Section 376 IPC exclusively triable by the Court of Sessions, committed the case to the court Session and eventually, the respondent No. 2 stood trial in the Court of the learned Assistant Sessions Judge, Silchar.;


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