SUDIP BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A.Ahmed, learned counsel for the applicant/applicant. Also heard Ms. B. Bhuyan, learned Addl. PP for the State.

(2.) This is an application under Sec. 389 Cr.PC for suspending the sentence imposed upon the applicant on being convicted under Sec. 376(1) IPC, vide Judgment and Order dtd. 26/7/2022 passed by the Court of the Sessions Judge, Bongaigaon in Sessions Case No. 49(M)/2018 arising out of Manikpur PS Case No. 176/2016. The applicant has been sentenced to undergo rigorous imprisonment for 12 (twelve) years with a fine of Rs.50,000.00 in default to undergo simple imprisonment for 1 (one) year.

(3.) The prosecution case is that an FIR dtd. 3/7/2016 was submitted by PW1, which is to the effect that the applicant had raped the victim (PW-7) around 6/7 months back and threatened her that if she disclosed the incident to any person, she would be killed. However, the informant (PW-1), who resided in the same village as the victim PW-7, noticing changes in the body of the victim PW-1, made enquiries with the victim regarding the same. Thereafter, the victim disclosed to her (PW-1) that she had been raped by the applicant/applicant, as a result of which she became pregnant.