MD. NUR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. P.C. Dey, learend counsel for the appellant. Also heard Mr. B. J. Dutta, learned Addl. Public Prosecutor, Assam.

(2.) THIS appeal is directed against the judgment dated 04.03.2011 passed by the Addl. Sessions Judge, F.T.C., Nagaon, Assam in Sessions Case NO. 77(N) of 2008 convicting one Md. Nur Islam of offences under Section 457/ 376 IPC and sentencing him to suffer rigorous imprisonment for 4 1/2 years and fine of Rs. 1,000/- in default to undergo simple imprisonment for 15 days for offence under Section 376 IPC and sentencing him to simple imprisonment for 3 years and a fine of Rs. 1, 000/- in default to undergo simple imprisonment for another period of 15 days for offence under Section 457 IPC.

(3.) THE brief facts necessary for disposal of the present appeal are that on night of 07.01.2008, at about 11 p.m. accused Md. Nur Islam surreptitiously opened the doors of the victim's house, entered there into and had sexual intercourse with her lying her on the bed. It has been stated that at point of time, her husband was not in her house. Being so raped, she raised hue and cry which brought her neighbours to her house who found her in almost naked condition.