Deaths, Tinsukia in support of such fact as Mat. Ext.-2. As regards the incident, P.W.3 stated that the occurrence took place on the day of Dipawali. P.W.3 stated that at about 08-00 p.m., he had gone to the shop of one Dara Singh to purchase milk. When he was on his way back after purchasing milk, he met the accused on the road. He was told by the accused that that the accused had a battery of a car to be loaded in a vehicle and on such premise, the accused asked for help from him. P.W.3 stated to have declined the request of the accused. But suddenly, the accused caught hold of him from behind by putting a knife on his neck. Thereafter, the accused forcibly took him to the Namghar at Tinkunia. After taking him to the Namghar, the accused had forcibly removed his pant and inserted his penis into his [the victim] anus. The accused also dashed his head against the wall of the house and as a result, he lost consciousness. When he regained consciousness the accused was found having carnal intercourse with him. Finding a broken glass on the floor, the victim then hit the face of the accused with it and ran out of the place without his pant. On the road, he told about the incident to three boys who were there and they took him to the place of occurrence again. As his pant was still lying at the place of occurrence, he put on his pant and thereafter, he was brought to his home by the three boys. On reaching home, he informed about the incident to his mother and his elder brother. Thereafter, his brother filed the case against the accused in the Police Station. P.W.3 further stated that he was sent to Tinsukia Civil Hospital by the Police for medical examination and also to the court for recording of his statement under Section 164, CrPC. P.W.3 further stated that on the day of occurrence, he was wearing a blue coloured jeans pant and one underwear, which had to be left at the place of occurrence. Two days after the occurrence when he and his brother were going to a shop to bring medicine for their mother, he saw the accused on the road and showed the accused to his brother and some other people. On being so identified, the accused was apprehended. P.W.3 further stated that he would be able to identify his underwear which he left at the place of occurrence. P.W.3 further stated that till the date of giving testimony [28.08.2019] he had been suffering from pain. P.W.3 also exhibited his statement recorded under Section 164, CrPC as Ext.-4 and the underwear as Mat. Ext.-1.
