SRI MILAN KONWAR @ MADHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.K. Bhuyan, learned Amicus Curiae for the appellant and Mr. B.J. Dutta, learned Addl. Public Prosecutor, Assam. This appeal is directed against the judgment and order dated 31.08.2009 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 13 (DH)/2009 convicting the appellant under Section 448 /354 IPC and sentencing him to undergo simple imprisonment (SI) for 2 (two) months with fine of Rs. 500/ -, in default, to undergo further SI for 8 (eight) days for the offence committed under Section 448 IPC and to undergo SI for 6 (six) months with fine of Rs. 1000/ -, in default, to undergo further SI for another 15 (fifteen) days for the offence committed under Section 354 IPC, both the sentences to run concurrently.

(2.) PROSECUTION case in brief as can be seen from the first information is that on 19.12.2008 at about 7:00 p.m. while the informant was alone in her residence, the accused entered into her house and dragged her out to the courtyard, where he committed rape on her. When she raised hue and cry, her husband came and the accused fled from the place of occurrence. The first information was treated as FIR and on the basis of the same, Dhemaji PS Case No. 551/2008 under Section 448 /376 IPC was registered.

(3.) AFTER furnishing of relevant documents to the accused, charge was framed by the trial Court on 16.02.2009. The accused was charged with the commission of the two offences.