MD. MOFIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. S.C. Biswas, learned counsel for the appellant. Also heard Ms. B. Saikia, learned APP, Assam. I have also perused the entire materials on record.

(2.) THIS appeal is directed against the judgement dated 14.12.2007 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 78/2006, convicting the accused-appellant under Section 376 IPC and sentencing him to undergo RI for 5 (five) years and to pay a fine of Rs. 1,000/- and in default, to undergo further RI for 6(six) months.

(3.) BAGUAN PS case No. 10/2004 was registered under Section 376 IPC on the basis of the FIR lodged by the victim. According to the said FIR, on 7.1.2004, when the victim was coming towards their house along with her mother, she was taken to the house of the accused- appellant by one Mabia Khatun. When she entered their house, the accused appellant forcefully took her inside and laying her down on the bed, committed rape on her.