HABIBAR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dtd. 30/6/2022, passed by thelearned Additional Sessions Judge (FTC), Barpeta, in connection with Sessions Case No.181/2021, convicting Habibur Rahman (hereinafter, referred to as the accused or theappellant), under Sec. 448 of the Indian Penal Code, 1860 (IPC, for short), and sentencinghim to undergo Rigorous Imprisonment for 1 (one) year and a fine of Rs.1,000.00 (Rupees One Thousand Only) with default stipulation, and under Ss. 376/511 of IPC, sentencing him to undergo Rigorous Imprisonment for 7 (seven) years and to pay a fine of Rs.10,000.00 with default stipulation.

(2.) The State of Assam represented by the Public Prosecutor and the victim, are arrayed as respondent Nos. 1 and 2, respectively.

(3.) The genesis of the case was that the informant (also referred to as the victim or X), lodged an FIR with the Police at Alopatichar Police Station, alleging that on 15/9/2021, at about 08:00 pm, while the victim was alone at home and was inside the kitchen, the appellant entered into her house and gagged her by her mouth with a piece of cloth and threatened her. Thereafter, the appellant pinned her to the ground and committed rape on her. However, the victim-X managed to scream and her neighbours came to her rescue and caught the appellant red-handed. An FIR regarding this incident was lodged with the Police and was registered as Alopatichar PS Case No. 124/2021, under Ss. 448/376 IPC and the Investigating Officer (IO, in short) embarked upon the investigation. The IO went to the place of occurrence (PO, in short), prepared the sketch map and recorded the statements of the witnesses and forwarded the victim to the Magistrate, who recorded her statement under Sec. 164 of the Code of Criminal Procedure, 1973 (CrPC, for short). The victim was also forwarded for medical examination. On conclusion of investigation, charge sheet was laidagainst the appellant. The learned Chief Judicial Magistrate, Barpeta, furnished copies ofrelevant documents to the appellant and thereafter, committed this case for trial.