LAWS(GAU)-2023-6-2

RAJU AHMED LASKAR Vs. STATE OF ASSAM

Decided On June 09, 2023
Raju Ahmed Laskar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. L. R. Mazumder, learned counsel for the petitioner and Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

(2.) This appeal has been preferred by the accused appellant, Raju Ahmed Laskar, under Sec. 374 CrPC, challenging the Judgment and Order dtd. 5/1/2022, passed by the learned Assistant Sessions Judge No. 1, Cachar, Silchar, in Sessions Case No. 112/2018, whereby the accused appellant was convicted under Ss. 376/366/341 IPC and sentenced to undergo Rigorous Imprisonment for a period of 7 (seven) years and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) Only in default Simple Imprisonment for 3 (three) months for the offence under Sec. 376 IPC and also to undergo Simple Imprisonment for a period of one month for the offence under Sec. 341 IPC and further to undergo Rigorous Imprisonment for 4 years and to pay a fine of Rs.5000.00 (Rupees Five Thousand) only, in default, further Simple Imprisonment for 3 (three) months for the offence committed under Sec. 366 IPC. All the sentences were directed to run concurrently.

(3.) Prosecution case in brief is that the informant, Khudeja Begum Barbhuiya lodged a written FIR before the Officer-In-Charge, Katigorah Police Station, on 19/11/2016, alleging inter alia that the accused person was in acquaintance of her husband, as such, he used to visit in the house of the informant. With assurance to provide loan to informant's daughter, accused/ appellant took her photograph, one blank paper with her signature, certificate etc. and thereafter, filed a case against her daughter in the Family Court, Silchar.