NANDA BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 18.06.2012, passed by the learned Addl. Sessions Judge (FTC), Bongaigaon in Sessions case No. 08(B)/2010, whereby and where under, one Sri Nanda Biswas, appellant in the present appeal, (hereinafter referred to as accused person) stood convicted of offence U/s. 376 IPC and was sentenced to undergo R.I. for 8 years and to pay a fine of Rs. 2000/-, in default, of payment of fine, S.I. for another 4 months. Being aggrieved by the aforesaid judgment, the accused person preferred this appeal citing several infirmities in the judgment, under challenge.

(2.) I have heard Mr. K.M. Haloi, learned counsel appearing for the accused person as well as Mr. B.J. Dutta, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(3.) The facts, projected by the prosecution in Sessions Case No. 08(B)/2010, in brief, are that on 12.11.2009, one Madhabi Sutradhar filed a complaint before the learned Sub-Divisional Judicial Magistrate (M), Bijni alleging inter alia that on 17.09.2009 at about 8.30 P.M. while her daughter came out of her house to answer the call of natural, the accused person gagged her mouth then dragged her to a nearby school and committed rape on her in such school and shaving committed rape on her, he left her there. Before leaving such place, accused person, however, warned her not to disclose such facts to any one, or else, he would eliminate her.