SRI PAPUMONI DAS Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Sri Papumoni Das
The State Of Assam
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MIR ALFAZ ALI,J. -
(1.) Heard Mr. S. Chakraborty, learned counsel for the appellant and Mr. M. Phukan, learned Addl. Public Prosecutor appearing for the State.
(2.) This appeal is directed against the judgment and order dated 09/04/2009 passed by learned Addl. Sessions Judge (FTC), Biswanath Chariali in Sessions Case No. 193/2008. By the said judgment, learned Sessions Judge convicted the accused/appellant under section 354 IPC and sentenced him to undergo rigorous imprisonment for one year and fine of Rs. 3,000/- with default stipulation.
(3.) As per prosecution case, on 04/07/2008, while the victim was enjoying theatre alongwith her friends, at about 12.30, midnight, she along with PW 5 and PW 6 went to her house for drinking water. After drinking water when they were coming back to the theatre, the accused taking advantage of darkness, caught the victim and by gagging her mouth took her towards the neighbouring field. Seeing the occurrence, PW 5 and PW 6, out of fear, ran away to the place of theatre. The accused committed rape on the victim by gagging her mouth and left the place. There was an endeavour to settle the matter amicably in the village "Mel", but the same did not materialize. Therefore, the father of the victim (PW 1) lodged the FIR (Ext. 1). On the basis of the said FIR, police registered the case and after usual investigation, laid charge-sheet against the appellant under section 376 and 341 IPC.;
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