PARESH NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. De, learned counsel for the accused-appellant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State/respondent.

(2.) This is an appeal filed under Sec. 374 Cr.P.C. 1973, challenging the judgment and order dtd. 19/12/2013 passed by the leaned Assistant Sessions Judge, Sonitipur, Tezpur in Sessions Case No. 146/2012, whereby the accused/appellant was convicted under Ss. 457/376 IPC and sentenced him to undergo simple imprisonment for 7 years and to pay a fine of Rs.3,000.00 in default to undergo simple imprisonment for another 3 months for the offence under Sec. 376 IPC and to undergo simple imprisonment for 3 years and to pay a fine of Rs.1,000.00 in default to undergo simple imprisonment for 2 months for the offence under Sec. 457 IPC. Both sentences were directed to run concurrently.

(3.) The brief facts of the case is that one Jitu Kalita lodged an FIR on 17/2/2012 before the Officer-in-Charge, Dhekiajuli Police Station stating inter alia that on 15/2/2012 at about 12 o'clock (mid night), while he was watching 'bhawna' at Ward No. 6, one Paresh Nath, a resident of Ward No. 6, entered into his house by taking advantage of his absence and forcefully committed rape on his wife while she was sleeping inside the room and fled away.