BALURAM DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Deka, learned counsel for the accused-appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State respondent.

(2.) This appeal is presented under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (herein after referred to as Cr.P.C.) against the Judgment and Order dtd. 13/12/2022 passed by the learned Court of Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 119(DM)/2022, whereby, the accused appellant was sentenced to suffer Rigorous Imprisonment for a period of 10(ten) years and fine of Rs.5,000.00 (Rupees Five Thousand), in default Rigorous Imprisonment for another 6 (six) months for the offence under Sec. 376(1) of the Indian Penal Code(herein after referred to as IPC) and also Rigorous Imprisonment for 6 (six) months for the offence under Sec. 448 of the IPC; to run concurrently.

(3.) The case of the prosecution in brief is that, on 3/3/2022, victim/informant/PW-1 lodged an FIR before the jurisdictional Police Station alleging inter alia that on 2/3/2022, at around 11:30 AM, while she was alone and was sleeping in her house, the accused-appellant entered into her house and by gagging her mouth forcefully committed rape on her and threatened her not to disclose the same to anybody.