AAB UDDIN @ NENA MIYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 16.9.2009 passed by the learned Addl. Sessions Judge (FTC), Karimganj in Sessions Case No. 49/2008 convicting the accused/appellant (accused thereafter) under Sections 376/448 Penal Code and sentencing him to undergo Rigorous Imprisonment (RI) for 7 (seven) years and to pay fine of Rs. 5000.00, in default, to suffer further RI for 6 (six) months for the offence under Sec. 376 Penal Code and to pay fine of Rs. 1000.00, in default, to suffer RI for 3 (three) months for the offence under Sec. 448 IPC.

(2.) Prosecution case may be briefly noted.

(3.) The victim herself as the informant lodged first information on 26.9.2007 before the Officer-in-Charge, Ramkrishnanagar Police Station, District Karimganj alleging that the accused was a very bad person. While she was offering prayer in her own house on the night of 23.9.2007 at about 10 pm, the accused taking advantage of the absence of any male member in the house entered into her room through the open door and after gagging her mouth, he raped her. Thereafter, he left the place threatening the informant not to tell anyone about the incident. The said first information was treated as FIR and on the basis of the same, Ramkrishnanagar P.S. Case No. 92/2007 under Sections 448/376/506 Penal Code was registered.