ABU TAHER PRODHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, learned counsel for the appellant. Also heard Ms. S.Jahan, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1.

(2.) This criminal appeal has been filed by the appellant challenging the Judgment and Order dated 22.03.2017 passed by the learned Special Judge, Dhubri in Special Case No.14/2016, by which he has been convicted under Section 376 IPC and was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand), in default to undergo simple imprisonment for one year.

(3.) The prosecution case as per the FIR dated 05.02.2016 lodged at Golokganj Police Station and registered as Golokganj Police Station Case No.90/2016 by the prosecutrix herself, is that in the evening of 15.1.2016, the accused, i.e. the present appellant before this Court, called the prosecutrix over phone and when the prosecutrix met him, he gagged her with a piece of black cloth and took her to a deserted place on his two wheeler, and thereafter raped her several times. The accused had also impersonated as a Hindu and promised to marry her but later on from the conversation of the accused she realised that he is in fact a Muslim. Then she somehow persuaded him to drop her at her house. She was dropped by the accused at her house and was handed over to her family members. She immediately lodged the FIR.