GOPAL SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel appearing for the accused/ appellant. Also heard Ms. A. Begum, learned Addl. Public Prosecutor for the State/ respondent.

(2.) This appeal under Section 374(2) Cr.P.C. is preferred against the judgment and order, dated 19.03.2012, passed by learned Additional Sessions Judge, F.T.C., Bongaigaon in Sessions case No. 1(J)/09, whereby the accused/ appellant is convicted under Section 376 read with Section 511 of the IPC and sentenced to undergo rigorous imprisonment for 4(four) years and to pay fine of Rs. 1,000/- in default to suffer rigorous imprisonment for 1(one) month.

(3.) The prosecution case, in short, is that on 28.12.2006 an ejahar was lodged with the Officer In-charge of Jogighopa P.S. alleging that on 27.12.2006 at about 2.30 p.m., while the informant girl was affixing her cow near her house, the accused hugged her from behind and after laying on the ground forcefully raped her.