JINTU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal directed against the judgment and order dated 2-8-2000 passed by the learned Additional Sessions Judge, Dibrugarh convicting the accused-appellant under S. 376, IPC and sentencing him thereunder to 7 years' rigorous imprisonment and also to pay a fine of Rs. 2,000.00, in default, to further 6 months' rigorous imprisonment in Sessions Case No. 9 of 2000.

(2.) I have heard Mr. B. Baruah, learned counsel appearing for the accused-appellant and Mr. P. Bora, learned Public Prosecutor, Assam, I have also considered the records of the case.

(3.) On 20-5-98 the Prosecutrix Smti Kalpana Das, P.W. 2, lodged an FIR to the effect that on 1-2-98 at about 7 p.m. on the day of Saraswati Puja the accused Jintu Das asked her to accompany him to the embankment of the river Brahmaputra telling that he had some urgent talk with her and had sexual intercourse with her promising to marry her. When she became pregnant, she disclosed the matter to her mother and lodged the FIR Ext. 2. On completion of investigation, the police charge-sheeted the accused-appellant u/S. 376, IPC. The learned Magistrate committed the case to the Court of Session under the said Section of law. In the Court of Session, a charge u/S. 376, IPC was framed, read over and explained to the accused-appellant to which he pleaded not guilty and claimed to be tried.