GUWAHATI, India, Feb. 17 -- Gauhati High Court issued the following order on Jan. 20:

1. Heard Mr. A. Roshid, learned counsel appearing for the appellants. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor, Assam.

2. This is an appeal under Section 374 (2) of the Code of Criminal Procedure (CrPC) against the judgment and order dated 28.07.2022 passed by the learned Asstt. Sessions Judge, Diphu, Karbi Anglong in Sessions Case No.20 of 2011. The appellants were convicted under Section 376(2)(g) of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 10(ten) years and to pay fines of Rs.10,000/- each with default stipulations.

3. On 14.10.2009 at about 10.30 P.M., Shri Aga Rengma had lodged an FIR before police stating that on that day at about 8 P.M. his sister, while she was returning home from the house of Jan Gogoi, he along with the appellant Pobitra Gogoi and one unknown person forcibly took the girl to the jungle and committed rape upon her.

4. Police registered the case being Borpathar P.S. case No.63/2009 and after investigation filed the charge sheet against Jan Gogoi, Pobitra Gogoi and Biswajit Sarma. This Biswajit Sarma was shown as an absconder.

5. The charge under Section 376(2)(g) of the IPC was framed against the present two appellants.

6. The prosecution side examined as many as 10(ten) witnesses. On the basis of the evidence on record, the trial court arrived at the impugned finding.

7. I have heard the learned counsel of both sides. I have also gone through the evidence available on record.

8. The first witness to be examined was the informant (PW-1). He has stated that the victim had gone to Silonijan to watch a football match. He also went to watch the football match. After watching the match, he came to his friend's house and while he was sitting there, a girl called Jakia Rengma informed him over phone that two boys had forcibly taken away the victim girl after tying her hands. This witness and his friends immediately started a search for the victim girl. He also informed the police in the meantime. Police party was also joined the search. Thereafter, by the side of the road, the appellant Jan Gogoi and the victim girl were discovered. She alleged that the Jan Gogoi and the present appellant Pobitra Gogoi had committed rape upon her. This witness has stated that at that time the victim girl was 19 years old. He proved the FIR as Exhibit-1.

9. In his cross-examination, the witness Aga Rengma has stated that he named three persons in the FIR as perpetrator of the said offence. According to this witness, one of the perpetrators has already escaped.

10. The second prosecution witness is the victim herself (PW-2). She claimed to be 19 years old at the time of occurrence. She has stated in her evidence that after watching the football match she and Jokia Rengma were returning home on foot. At that time, it was about 8.30 P.M. The victim girl had stated that he present two appellants came from behind and her mouth was gagged with a piece of cloth and thereafter she was forcibly taken into the jungle. The victim girl had stated that that both the appellants had committed rape upon her inside the jungle.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfNPO1%2FJx1eRGCAfbCGQPgOfL0z2ANM5%2FR%2FTvaBiBsYAo&caseno=Crl.A./199/2022&cCode=1&cino=GAHC010164912022&state_code=6&appFlag=)

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