DHANESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H Buragohain, learned counsel for the appellant and Mr. K.K. Parashar, learned Addl. PP, appearing for the State of Assam.

(2.) The present appeal is directed against the impugned judgment and order dtd. 30/1/2012 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No.98(K)/2007,sentencing the accused to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.2,000.00 in default to undergo further rigorous imprisonment for 2 (two) months.

(3.) The prosecution was launched on the basis of an FIR filed by the PW-1 the father of the victim girl. According to FIR, the informant who was hospitalized for some disease, after coming back from the hospital on 7/8/2005 he was informed that at around 2.00 PM on 4/8/2005 when his elder daughter had gone to the back of his house to attend nature's call, the accused had taken her to a newly built house in the backside of the backyard pulling her by the hand and threatening her if she scream and tried to commit rape on her.