IMRAN ISLAM BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. J. Saikia, learned Senior Counsel assisted by Mr. P. Bordoloi, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

(2.) The present appeal is directed against the Judgment and order dtd. 16/9/2011 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 78 (T)/2010 convicting the appellant/ accused under Sec. 354 of I.P.C. and sentencing him to undergo imprisonment for 2 months and 7 days and to pay a fine of Rs.5,000.00 and in default of payment of fine to undergo Simple Imprisonment for a period of another 15 days and to pay Rs.15,000.00 as compensation.

(3.) The prosecution case in brief is that one Smt. Namita Sengupta lodged an Ejahar before the Officer-in-Charge of Tinsukia Police Station on 21/7/2009 stating inter-alia that appellant was residing with his family as tenant under the same landlord of the informant and that the minor daughter of the informant used to call the appellant as uncle and that her daughter used to visit the house of the appellant on and off and that on 18/7/2009, the appellant called the victim to his house and at that time the wife of the accused was absent and his son was sent for bringing betel nut from a nearby shop and taking advantage of the situation, the appellant undressed the victim and committed rape on her and that the victim disclosed the aforesaid incident to the informant on 19/7/2009.