High Court
Case Details
Crl.A. 30/2010 BEFORE HON’BLE DR. (MRS.) JUSTICE INDIRA SHAH
Legal Reasoning
Heard Mr. A.R. Sikdar, learned counsel for the appellant, and Ms. B. Bhu This is an appeal against the judgment and order dated 21.11.2009 passed by the learned Sessions Judge, in sessions case No. 15/2006, convicting the appellant u nder Section 376 IPC and sentencing him to undergo rigorous imprisonment for 7 y ears with a fine of Rs. 2,000/- in default of payment fine further rigorous impr isonment for 6 months. 2. yan, learned Addl. Public Prosecutor, appearing on behalf of the State. 3. The prosecution case in brief is that in the evening of 29.03.2004, the victim along with her friend Madali went to enjoy Asthami Puja, which was held o n the bank of champa river. The victim was a minor girl aged about 11 years. Aft er enjoying puja at around 5.30 p.m, while they were returning home, the accused appellant chased them. Out of fear her friend Madali ran away. The accused caug ht the victim, gagged her mouth, and dragged her to a nearby jungle, where he co mmitted rape on her. In the meantime, Madali reported the incident to the family members of the victim, who along with the villagers immediately came to the pla ce of occurrence. The victim was recovered from near railway track. The accused was apprehended by the villagers. Father of the victim lodged the FIR and on the basis of this FIR, Basugaon P.S. Case No.22 of 2004, under Section 376(f) IPC w as registered. During the investigation the victim was medically examined and on completion of the investigation police laid the charge-sheet against the accuse On completion of the trial, the accused was held guilty and accordingly d under Section 376(f) IPC. 4. pleaded not guilty to the charge framed against him unde The accused r Section 376(f) IPC and claimed to be tried. Altogether 8 witnesses were examin ed by the prosecution. Thereafter, the statement of the accused under Section 31 3 Cr.PC was recorded. He denied the allegations leveled against him. However he declined to adduce any defence. 5. was convicted under Section 376 IPC as stated earlier. 6. The victim was examined as PW 4 during trial. She deposed that she was a student of class III at the relevant time. She stated that she was 11 years of age. According to her, she along with her friend Madali went to enjoy Asthami pu ja, which was held on the bank of river champa. After enjoying the mela while sh e was returning back along with her friend the accused followed them. Out of fea r she and her friend started running and then she fell down nearby railway track . The accused thereafter gagged her mouth and took her to a jungle by crossing t wo railway tracks. He tied her hands by means of creepers pulled down her panty and committed rape on her.. Although she raised halla twice the accused slapped her on each occasion. Thereafter, she untied the knot with the help of her mout h and while proceeding towards her house, on the way she met her maternal uncle who took her to her house. Thereafter, her father, maternal uncle and other vil lagers came to the place of occurrence. The accused was apprehended by the villa gers. She also stated that her friend Madali informed her family members about t he incident. In cross-examination she stated that at the time of occurrence she was wearing a frock of yellow colour and a jangia. PW 8, Madali Wari stated that she along with the victim went to enjoy m 7. ela and at around 5 P.M, while she was returning home, the accused chased them and caught the victim, while she (PW 8) ran away and went to the house of the vi ctim, where she informed the father of the victim about the incident. Thereafter , the father of the victim and the villagers came to the place of occurrence. PW 8 accompanied them to show the place. The victim was recovered in between the r ailway tracks near a camp. She further stated that there is jungle near the trac k. She and the victim identified the accused, who was nearby in the camp. The ac cused was caught by the villagers and the victim narrated the incident to the vi llagers. During her cross-examination she further stated that she did not notice any injury on the parts of the victim. But she found the hands of the victim we PW 5 is the mother of the victim. Lending support to the evidence of PW re tied by wild creeper. 8. PW 1 is the father of the victim. The incident was reported to him by P W 8 and subsequently it was narrated by the victim when he reached at the place of occurrence. He stated that the accused was apprehended by the villagers and h e confessed his guilt before them. 9. According to the evidence of PW 2 (Ganesh Basumatary), the incident was reported to him by PW 1. He wrote the FIR as per direction of the informant. He stated that he took the thump impression of the informant after lodging the FIR , although there was no endorsement below the thumb impression by him that he ob tained the thumb impression. PW 2 specifically stated that he obtained the thumb impression of the informant, however, he did not know that his endorsement to that effect was necessary. This witness stated that the victim was wearing a yel low frock and a jangia. His evidence to this effect is immaterial, because he di d not see the victim immediately after the incident. It is in the evidence of th e victim as well as PW 8 that after the incident, the victim came back home and thereafter the FIR was lodged. 10. 1, PW 5 deposed in the same manner. 11. PW 6 Dr. Ramal Kr. Brahma examined the victim on 29.03.2004 at about 11 .55 p.m., he found the victim was talking normally. On examination he found hym en rupture at 12 O’clock and 6 O’clock position bleeding on touch. There were in juries of nail scratch mark over both breast, abrasion over anterior aspect of l eft thigh and lower abdomen. In the opinion of the doctor, victim might have bee n exposed sexual intercourse 2 to 36 hours before his examination. The age of th e victim was below 14 years. 12. PW 7 is the Investigating Officer. He was then In-Charge of Salakati Po lice Out post. He deposed that at about 7.30 p.m the Officer-in-Charge of Basuga on Police Station along with staff and some people brought the victim and the ac cused to Salakati Police Outpost. It was reported that the accused committed rap e on the victim. Father of the victim lodged the FIR. PW 7 recorded the stateme nt of the witnesses as well as the victim. The victim was sent to the hospital f or medical examination. On completion of investigation, he submitted the charge- sheet against the accused. 13. From the above evidence of the victim as well PW 8 and the medical evide nce clearly emerges that the accused committee rape on the victim. The victim wa s below aged of 14 years. The accused was clearly identified by the victim as we ll as by her friend. There is nothing to disbelieve the evidence of the victim a nd other witnesses. 14.
Decision
In view of the above, this Court upheld the judgment passed by the trial Court declines to interfere with the findings of the trial Court. 15. In result this appeal is dismissed. This Court directs the State Governm ent to pay an amount of Rs. 50,000/- to the victim in terms of Section 357(A) Cr .PC.