SAFIQUR RAHMAN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Kaushik, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing for the respondent.

(2.) The present appeal has been preferred against the Judgment and Order dated 19.10.2012 passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 153/2009, convicting and sentencing the appellant to undergo R.I. for 5 years and also to pay a fine of Rs. 1,000/-, in default, 3 months R.I.

(3.) The facts of the case is that on 24.04.2009 at night about 10:30 p.m., the accused taking advantage of the absence of the informant 'X' (name withheld) entered into the house of the informant and showing threat to her life, he took her to the backside of her house and committed rape upon her forcefully. Though the matter was informed to the family of the accused person but they did nothing, and ultimately, the informant had lodged a petition before the learned Chief Judicial Magistrate, Nagaon which was forwarded to the O.C. of Uluoni Police Station for investigation. Accordingly, a case was registered under Section 376/341/506/457 I.P.C. against the accused person vide Uluoni P.S. Case No. 22/2009.