NUR ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order, dated 19.02.2005, passed by the learned Sessions Judge (FTC), Bongaigaon, in Sessions Case No. 40(A)/2004, the accused-appellant, while being acquitted of the offence under Section 417 IPC, stands convicted of the offence of rape punishable under Section 376 IPC, and sentenced, for his conviction under Section 376 IPC, to suffer rigorous imprisonment for 7 (seven) years and pay fine of Rs. 2,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a further period of 1 (one) year. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) To the charges framed against him, under Sections 376 and 417 IPC, at the trial, the accused pleaded not guilty. In support of their case, prosecution examined as many as seven witnesses. The accused was, then, examined under Section 313 CrPC, wherein the accused denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence. On completion of trial, the learned trial Court, having found the accused not guilty of the offence under Section 417 IPC, acquitted him accordingly; but, on finding the accused guilty of the charge, framed against him under Section 376 IPC, convicted him and accordingly passed sentence against him as mentioned above.

(3.) I have heard Mr. J. Ahmed, learned counsel for the accused-appellant, and Mr. K. A. Majumdar, learned Additional Public Prosecutor, Assam.