ABDUL MATIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Sharif, learned counsel for the convict appellant. Also heard Mr. D. Das, Addl. PP, Assam for the State respondent.

(2.) This appeal is directed against the judgment and order dated 4.11.2003 rendered by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No.10(DM)/2003 convicting him under Section 376 (1) IPC and sentencing him to suffer R.I. for 7 years and to pay fine of Rs.5,000/-, in default, further R.I. for 3 months.

(3.) Briefly stated, the prosecution case is that on 15.3.2002 at about 11 A.M, while the prosecutrix was sleeping in her house, the convict appellant suddenly entered into her house and committed rape upon her. She could not make hue and cry as her mouth was closed by the appellant and at that time, the prosecutrix was suffering from some illness. Some women from the neighbourhood saw the incident. After committing the offence, the convict appellant left the place in his bicycle. The husband of the prosecutrix returned home in the evening. She narrated the incident to her husband and on the next day, the prosecutrix lodged a written F.I.R. with Kharupetia Police Outpost under Dalgaon Police Station. On the basis of the aforesaid F.I.R., a case being Dalgaon PS Case No.62/2002 was registered under Section 448/376 IPC. On completion of the investigation, the charge sheet was submitted against the accused appellant under Section 448/376 IPC. The case being committed, the learned Sessions Judge framed charge against the accused appellant under Section 376 (1) IPC, which was read over and explained to the appellant, who denied the charge and demanded trial.