THE STATE Vs. B.K. PAL CHOUDHURY

JUDGEMENT

(1.) THIS matter arises out of a criminal proceeding heard by this Court - -or as a matter of fact two matters heard jointly and disposed of by one judgment dated 31 -/ -58. One was Govt. Criminal Appeal No. 11/1956 and the other was Criminal Appeal No. 168 of 1956 filed by one of the convicted persons. The Government appeal was against the order of acquittal in favour of three persons Mahendra Nath Barua, Lalit Mohan Chanda and Nikunjabehari Paul who were tried of an offence under Section 376, Indian Penal Code by the Court of Sessions with the aid of a jury and the other appeal was by Mahendra Nath Barua, one of the two accused convicted under Section 342, Indian Penal Code in the same trial on a verdict of guilty returned by the jury. The appellant Mahendra was sentenced to a fine of Rs. 1000/ - in default to six months' rigorous imprisonment. The other accused Lalit Mohan Chanda. convicted under Section 342, Indian Penal Code did not appeal. The Court heard the two matters together as it arose out of the same sessions trial, it being Sessions Case No. 72 (L)/55, tried by the Additional Sessions Judge, Upper Assam Districts at Dibrugarh.

(2.) THE prosecution story was that a minor girl by the name of Roheswari aged about thirteen to fourteen, who had been to the place of the accused which was a country liquor shop on the wayside, with her elder sister's husband one Bihuram Changmai at about 11 A.M. on 19 -3 -54 was wrongfully detained and violated by the accused persons in turn. She was subsequently rescued from the place of the accused with the help of the Moran police before whom an information was lodged about the occurrence by Bihuram that very day.

(3.) THE jury returned a verdict of not guilty against the three accused in respect of the charge under Section 376, Indian Penal Code; but returned a verdict of guilty against accused Mahendra the lessee of the liquor shop and his sales -man Lalit, in respect of the charge under Section 342, I. P. C. for wrongfully confining the girl on the date of occurrence. The learned Additional Sessions Judge accepted the jury's verdict and convicted and sentenced the two accused under Section 342, I, P. C. and acquitted them in respect of the charge under Section 376. I. P. C. Against this order of acquittal the State Government appealed under Section 417 Cr. P. C. and one of the two convicted accused also appealed against his conviction and sentence under Section 342, Indian Penal Code.