Page No.# 1/7 GAHC010184852014 2025:GAU-AS:14505 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./110/2014 UTTAM BARMAN S/O ANANDA BARMAN, R/O VILL. BARPATHAR KHOLABANDA, PO. NEW BONGAIGAON, PS/DIST. BONGAIGAON, ASSAM. VERSUS STATE OF ASSAM - Advocate for the Petitioner : MR.H R CHOUDHURY, MR A CHOUDHURY(AMICUS CURIAE),MR.M I HUSSAIN,MR.A T SARKAR,MD.M U AHMED,MR.S HOQUE Advocate for the Respondent : , PP, ASSAM,,, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28-10-2025 Heard Mr. A. Choudhury, learned amicus curiae appearing for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P. Assam appearing for the State/ respondent. 2. The present appeal has been instituted assailing the judgment dated 12-09-2013 Page No.# 2/7 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 96(BGN)/2012 convicting the appellant, herein, under Section 417 IPC and sentencing him to undergo rigorous imprisonment for 01 (one) year along with payment of fine of Rs. 1000/- (Rupees One Thousand), in default to undergo further simple imprisonment for 02 (two) months. 3. The prosecution case, in brief, is that Malati Barman had lodged a complaint on 14- 02-2012 before the court of learned Chief Judicial Magistrate, Bongaigaon with a prayer to forward the same to the Officer-in-Charge, Bongaigaon Police Station for registration of a case under Section 376/ 417 IPC. In the said complaint, it was alleged that the appellant, herein, being a neighbour of the complainant, used to visit her house frequently and had developed intimacy with her minor daughter, who was projected to be aged about 15 years. It was further alleged in the complaint that about 04 (four) months ago, when the complainant and her husband were not present in the house, the appellant, herein, had come to their house and had insisted upon her minor daughter to have physical relationship. It was further projected in the complaint that although their minor daughter had refused the advances of the appellant, herein, however, the appellant on promising to marry her minor daughter, she believing the same allowed the appellant to had sexual intercourse with her. It was further alleged that the appellant had sexual intercourse with her daughter on several days. The said complaint was registered as C.R. Case No. 25/2012. The learned Chief Judicial Magistrate, Bongaigaon, thereafter forwarded the same to the Officer-in-Charge, Bongaigaon Police Station. On receipt of the said complaint, the same was treated as an FIR and registered as Bongaigaon P.S. Case No. Page No.# 3/7 92/2012 under Section 376/ 417 IPC. On conclusion of the investigation, the police laid charge-sheet against the appellant, herein, under Section 376/ 417 IPC. The case, thereafter, on being committed to the court of learned Sessions Judge, Bongaigaon, the learned Trial Court on appreciating the materials on record framed charge under Section 376/ 417 IPC against the appellant, herein. During the trial, the prosecution examined 09 (nine) witnesses including the Medical Officer and the Investigating Officer. Thereafter, the appellant, herein, was examined under Section 313 Cr.P.C. On conclusion of the trial, the learned Trial Court vide judgment dated 12-09-2013 acquitted the appellant, herein, from the charge framed against him under Section 376 IPC. However, on appreciating the evidences coming on record, the learned Trial Court proceeded to convict the appellant, herein, under Section 417 IPC. On such conviction, the appellant, herein, was sentenced to undergo rigorous imprisonment for 01 (one) year and also to pay fine of Rs. 1000/- (Rupees One Thousand), in default to undergo simple imprisonment for 02 (two) months. Being aggrieved the appellant, herein, has instituted the present appeal. 4. Mr. A. Choudhury, learned amicus curiae, by taking this Court to the evidences of the prosecution witnesses has submitted that the allegations levelled against the petitioner, herein, by the victim who had deposed during the trial as PW-4 does not find corroboration from the evidences of the Medical Officer who had examined the victim girl and who had deposed during the trial as PW-5. He submits that the allegation levelled by the victim girl (PW-4) is to the effect that the appellant, herein, had committed sexual Page No.# 4/7 assault on her on various occasions. However, he submits that the same, if to be true the deposition of the Doctor as PW-5 must be held to be not correct. However, prosecution had not taken any steps for clarification with regard to the opinion rendered by the Medical Officer as PW-5 during the trial. Mr. A. Choudhury further submits that the offence under Section 376 IPC being improbable of having been committed by the appellant, herein, in view of the evidences coming on record, the conviction of the appellant, herein, by the learned Trial Court under Section 417 IPC would not be sustainable and this Court would be required to interfere with the same. 5. Mr. B. Sarma, learned Addl. P.P. Assam has submitted that although the allegation against the appellant, herein, under Section 376 IPC was held to have not been established by the learned Trial Court. However, the evidences coming on record having demonstrated that the appellant, herein, had physical intimacy with the victim girl, by making false promise of marriage and he having resiled there-from, the offence under Section 417 IPC was proved beyond reasonable doubt and the conviction of the appellant, herein, by the learned Trial Court under Section 417 IPC, accordingly, would not mandate any interference by this Court. 6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The victim girl in her deposition during the trial had deposed that the appellant, herein, used to visit their house as he was their neighbour. She further deposed that the appellant had revealed to her that he loved her and also asked to love him. She further deposed that she did not love the appellant. The PW-4 further deposed that in absence of Page No.# 5/7 her parents from their house, the appellant came to their house and committed some misdeeds towards her. She deposed that she resisted him in his advances, but he did not pay any heed to her. Thereafter, it was deposed that she informed the matter to her parents and a meeting was held amongst the villagers of their village. In the meeting, she deposed that she along with appellant was present and on being asked she had disclosed before the villagers in the meeting that the accused had committed some misdeeds on her. She further deposed that the people of their village fixed the date of their marriage and one proceeding was also made in the said meeting. However, the accused did not come to marry her. She further deposed that the accused had committed misdeeds towards her by giving assurance of marrying her. The PW-4 also deposed that after around 04 (four) months of the incident she got married to another person and the complaint was filed by her mother. 8. The perusal of the evidences of the PW-4 along with PW-1 and PW-3 would bring to the forefront that the victim girl, herein, was subject to repeated sexual intercourse by the appellant, herein. However, on a perusal of the deposition of the Doctor examining the victim girl, who had deposed as PW-5 in the trial, brings to the forefront that nothing abnormal was found with regard to the appellant on her examination. The Doctor had further opined it cannot be ascertained as to whether she has been raped or not and that the victim girl was about 18 years of age. A perusal of the findings recorded by the Medical Officer who had deposed as PW-5 would reveal that the hymen of the victim girl was found to be intact. It is found that the said aspect was not further clarified from the PW-5 by the prosecution in the matter. The finding of the Medical Officer with regard to Page No.# 6/7 the victim girl stood intact. Accordingly, in view of the findings of Medical Officer, the projection made by the victim girl of the appellant, herein, subjecting her to repeated sexual intercourse is rendered improbable. In view of the said contradiction coming on record, the evidence of the victim girl being rendered improbable, a doubt having also arisen in the matter, this Court is of the considered view that the same has to be extended to the appellant, herein. The learned Trial Court although for reasons other than what has been noticed, hereinabove, had held the appellant to be not guilty of the offence under Section 376 IPC. The said reasoning has been noticed and in view of the conclusions reached by this Court, hereinabove, the acquittal of the appellant from the charge framed against him under Section 376 IPC is upheld. 9. The commission of sexual intercourse by the appellant, herein, upon the victim girl having been held by this Court to be improbable, in view of the evidences coming on record, more particularly, the evidence rendered in the matter by the Doctor examining her, as PW-5, this Court is of the considered view that the charge under Section 417 IPC cannot be held to be established against the appellant, herein. Accordingly, for the reasons cited above, the conviction of the appellant, herein, under Section 417 IPC and his sentencing there-under would mandate interference. 10. In view of the discussion this Court proceeds to interfere with the judgment dated 12-09-2013 passed by the learned Trial Court in Sessions Case No. 96(BGN)/2012. The appellant is acquitted of the charge under Section 417 IPC and he is set at liberty. The bail bond executed by the appellant, herein, stands discharged. 11. In view of the above observations and discussions, this criminal appeal stands Page No.# 7/7 allowed. 12. Registry to send back the TCR along with a copy of this order for information and doing the needful. 13. Before parting with the records, this Court appreciates the assistance rendered by Mr. A. Choudhury, learned amicus curiae towards disposal of the matter. JUDGE Comparing Assistant