SANJAY MALAKAR @ BHUTO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the accused-appellant and Mr. B. B. Gogoi, learned Additional Public Prosecutor, State of Assam. It is found from the records that the notice to the respondent no. 2-informant had been duly served. But despite such service, there is no representation on behalf of the respondent no. 2-informant.

(2.) This appeal under Section 374(2), Code of Criminal Procedure, 1973 (CrPC, for short) is directed against the judgment and order dated 29.04.2016 passed by the learned Additional Sessions Judge No. IV, FTC, Kamrup (Metro), Guwahati in Sessions Case No. 331/2011. By the said judgment and order dated 29.04.2016, the accused-appellant has been found guilty of the offences under Section 376, Indian Penal Code (IPC, for short) and under Section 357, IPC. For commission of the offence under Section 376, IPC, the accusedappellant has been sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.5,000/-, in default of payment of fine, to undergo simple imprisonment for another 1 (one) year. In connection with the offence under Section 357, IPC, he has been sentenced to undergo rigorous imprisonment for 1 (one) year and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for 5 (five) years. The sentences are ordered to run concurrently.

(3.) The prosecution case, as unfolded from the First Information Report (FIR) lodged by the prosecutrix (P.W.1) on 10.07.2009 before the In-Charge, Amingaon Police Post, is that at about 2-30 a.m. in the night intervening 07.07.2009 and 08.07.2009, the accused, a resident of the same colony, forcefully entered into her house when she was sleeping. He holding an axe on her neck, gagged her mouth with a cloth and tied her hands and thereafter, committed rape on her. It was further stated that she did not inform about the incident to anybody but on 10.07.2009, she was compelled to lodge the FIR.