Details - Dhemaji

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Learned counsel for the State has stated that the FIR/ Exhibit No.1 has corroborated with the version of the complainant and other prosecution witnesses. The accused person himself admitted,U/S-313 Cr. P. C. that he used force against the complainant and pushed her into the ditch. However he has no proof that the complainant was the first aggressor by chasing the accused to beat in the alleged incident. All the PW2-to 5 deposed that they had seen how the accused had pushed the complainant. Therefore the prosecution counsel has claimed for the conviction of the accused person. 8) On the other hand, Ld. Counsel on behalf of the accused person stated that the so-called victim has no proof that she was assaulted by the accused with an intent to outrage her modesty. He submits that there is no eye witness to the fact that the accused had entered into her house and touched her body or hand as such. The accused had committed no offence by pushing the complainant into the ditch as it done in self defence. The complainant at that moment was trying to assault the accused in front of the people. Therefore the Ld. Defence counsel has claimed for the acquittal the accused person. Now I have discussed all the points together for decision of the case keeping in mind the submissions of both the sides as follows- 9) PW1/victim no.1 -cum- the complainant stated on 03-08-2011 when she was alone in the house at about 3pm the accused person entered into her house and pulled her hand and tried to drag her into the bed room. Then she saved herself by raising hue and cry and running away from the house. The accused had touched her waist. Then she told all the villagers present in the neighbouring house for a social ceremony/’hokam’. Then Shri Gopal Chutia, Umeshwar Chutia and Nal Chutia called the accused to her house. The accused after reaching again assaulted the complainant by hitting her with hardened soil/’maki tukda’ due to which she got injured on her forehead. He again hit her with a punch and pushed her into the ditch. In the ditch also he assaulted her by hitting her. After the incident she lodged 4
the Exhibit no.1/FIR in the P/S-SLP and Ex.-1(1) is her signature. She got medically treatments on the police requisition. During the cross of the PW1, Ld. defence counsel has give some suggestions to which the PW1 had replied nothing in the favour the accused person. She stated that the accused person is her borjona-husband’s elder brother. The defence side failed to demolish her evidences for their favour. However it is found that the prosecution side has no medical proof of the injury of PW1, now let’s see what other prosecution witnesses stated during the trial. 10) PW2-has stated that he went to the house of PW1 with PW3/Naal Chutia, Gopal Chutia and 7-8 others, when the complainant called them to sort out the incident. He called the accused person in the house of PW1 and before the meeting got start the accused person suddenly pushed the complainant in a ditch in front of the villagers and the accused also get down on the ditch and thereafter PW1 lodged the ejahar of the case. he did not see any fighting between them in the spot. 11) PW3 has also stated similarly as PW2. He did not see the accused entering into the house of PW1. He went to the house of PW1 when PW1 called the villagers to sort out the incident. He had seen the scuffling between the accused and PW1 and both of them fell down on a ditch. He did not see the injury of the complainant as such. 12) PW4 is the elder brother of the accused person and PW1 his sister inlaw. He deposed that he did not see that incident but only heard that there was an altercation and fighting between the accused and PW1. He heard that the accused pushed PW1 to a khal; however he had not seen any injury on the body of PW1. 13) PW5 deposed that he did not see the incident. He was not present there in the place of occurrence. He heard about an altercation between the accused and PW1. He did not know much more about the incident. 5
Page 1 and 2: DISTRICT:- DHEMAJI. IN THE COURT OF
Page 3: complainant to commit any offence a
Page 7: 15) O - R - D - E - R The prosecuti

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