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1999 DIGILAW 7 (GAU)

Basistha Das v. State of Assam

1999-01-07

P.C.PHUKAN

body1999
I have heard Mr. AS Choudhury, learned counsel for the petitioner as well as Mr. B. Banerjee, learned Public Prosecutor, Assam appearing for the State. I have also considered the records of the case. 2. The case of the revision petitioner may be stated briefly as follows. On 8.5.97 the Officer In-charge, Khetri Police Station, received an FIR Ext I lodged by Smti Theperi Das to the effect that on the previous day at about 12 noon while her minor daughter Smti Ambika (PW 2) was answering nature's call near Railway land, accused Basistha Das caught hold of her and forcibly took her to the nearby jungle and tried to commit rape on her. Smti Ambika raised hue and cry that attracted her sister Smti Akanti (CW 1). She came near the place of occurrence and started throwing stone to the accused and he ran away. Even though as per the printed form of the FIR Ext 1, the FIR is stated to have been received in the Police Station on 11.5.87. at 11 AM the actual FIR bears the dated 8.5.87. On receipt of the same the police registered a case and on completion of investigation charge-sheeted the accused under section 342/354/323 IPC. 3. The trial Court framed, read over-and explained the charge under the aforesaid sections of law to the accused to which he pleaded innocence and claimed to be tried. In the trial the prosecution examined 5 witnesses. Curiously enough, Smti Akanti who claimed to have reached the place of occurrence hearing her sister's cries was not examined by the Investigating Officer. She was however examined as a CW 1, During examination under section 313 CrPC the age of the accused was recorded to be 25 years. He pleaded innocence and declined to adduce any evidence. 4. PW 2 is the victim girl herself. According to the victim girl PW 2, on the date of occurrence she went to the nearby Railway land to answer the call of nature. At that time the accused appeared there and caught hold of her and gagged her mouth. She tried to escape but in vain. The accused dragged her to the nearby jungle and forced her down and as she resisted his attempt to commit rape on her. She received minor injuries on her cheek and neck. At that time the accused appeared there and caught hold of her and gagged her mouth. She tried to escape but in vain. The accused dragged her to the nearby jungle and forced her down and as she resisted his attempt to commit rape on her. She received minor injuries on her cheek and neck. Hearing her cries her younger sister Akanti (CW 1) rushed to the place of occurrence and started throwing stone to the accused and he ran away. CW 1 Smti Akanti corroborated her sister PW 2 by saying that when she heard her sister's cries she went to the place of occurrence, and saw the accused Basistha Das forcing her down, gagging her mouth and making her naked. She added that the accused tried to molest her sister. After seeing the incident she started throwing stones and the accused ran away. PW 2 and CW 1 thus fully corroborated each other. Their evidence finds further corroboration from their mother PW 1 and a elderly co-villager PW 4. PW 4 saw the victim girl weeping on the road and on being asked she narrated the incident implicating the accused. 5. I have found that the learned trial Court as well as the appellate Court elaborately dealt with the evidence on record and found the evidence of the prosecution witnesses substantially true notwithstanding minor discrepancies noticed therein. In any view of the matter, it cannot be said that it is a case of no evidence or that the finding of the trial Court is perverse. This Court would not interfere with the concurrent findings of the two Courts below by reappreciating the evidence in its re visional jurisdiction. There is no merit in this revision petition and the same is dismissed. 6. The bail granted to the accused petitioner Shri Basistha Das, stands cancelled. The accused is directed to appear before the trial Court forthwith to serve out the sentence, failing which the learned Trial Court shall proceed against him in accordance with law.