HEMANTA MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.C. Borah, learned Counsel for the accused/Appellant and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(2.) The accused/Appellant is before this Court against the judgment and order dated 25.3.2003 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 22/2002 whereby he was convicted under Section 497, IPC and sentenced to undergo R.I. for a period of 4 years with a fine of Rs. 5,000 in default of the payment of fine to suffer R.I. for another 6(six) months.

(3.) The prosecution story as unfolded from the FIR, lodged by one Smt. Rina Das with the I/C Nellie Out Post, which was forwarded to the O/C, Jagi road and registered as Jagi road P.S. Case No. 41/98 under Section 376, IPC is that on 19.3.1998, while the informant was sleeping in her house at about 12 noon, her neighbor, the accused/Appellant, Sri Hemanta Medhi, forcibly committed sexual intercourse on her. At that time she created hue and cry and her husband arrived at the scene. The accused/Appellant, Hemanta Medhi fled away and thereafter she lodged the FIR. After registration of the aforesaid case, the police investigated the matter and submitted charge sheet against the accused/Appellant under Section 376, IPC. The learned Chief Judicial Magistrate, Morigaon committed the case to the Court of Sessions at Morigaon for trial. The learned court of Sessions on the basis of the materials available against the accused/Appellant, framed charge under Section 376, IPC, to which the accused/Appellant pleaded not guilty and claimed to stand trial.