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2010 Supreme(Gau) 597

P.K.MUSAHARY
Subash Chandra Adhikary – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. B.C. Das
For Respondents/Defendant: Mr. I. Basar

JUDGMENT

P.K. Musahary, J.

1. This appeal is directed against the judgment and order dated 30.11.2009 (signed on 2.12.2009) rendered by the learned Additional District and Sessions Judge, FTC, WZ, Yupia in Sessions Case No.513/08 convicting the accused-appellant under section 376(1), IPC and sentencing him to undergo R.I. for 7 years with fine of Rs. 10,000 only and in default, further R.I. for 6 months.

2. The prosecution story, in nutshell, is that on 26.3.2007, one Radha (real name withheld), aged about 20 years of Sangai gaon village under RS. Gohpur in the district of Sonitpur, Assam lodged an FIR stating that in the month of February 2007 she was taken to the official residence of Sri S.C. Adhikari, a police officer as his maid servant. During her stay in the residence of Sri S.C. Adhikari, she was subjected to forcible sexual intercourse against her will and consent several times by him and she was kept in his official quarter by locking the door from outside when he used to go out or to his office. Unable to bear the sexual harassment, she fled away from his quarter. The fact of sexual assault on Radha by Sri Adhikari came to light during investigation of Itanagar RS. Case No.















































































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