SANJIB SONOWAL Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 22.07.2014 of the learned Sessions Judge, Tinsukia in Sessions Case No.134(T)/2012, by which the accused/appellant has been convicted u/s 376/506 IPC. Upon such conviction, he has been sentenced to undergo rigorous imprisonment for 10(ten) years with fine of Rs.5000/- (Rupees five thousand) and in default to suffer rigorous imprisonment for further 01(one) month for the offence u/s 376 IPC and as regards the offence u/s 506 IPC, he is to suffer rigorous imprisonment for 01(one) year with fine of Rs.500/- (Rupees five hundred) and in default to suffer further rigorous imprisonment for 15(fifteen) days. Both the sentences are to run concurrently. Previous detention, if any, in course of investigation and trial is to be set off from the sentences.

(2.) Doomdooma Police Station Case No.74/2012 was registered 376/506 IPC against the appellant on the basis of the FIR lodged on 21.03.2012. As per the story narrated in the FIR, about 06(six) months prior to 21.03.2012, the accused/appellant committed rape on the victim girl showing a dao. It was also stated that rape was committed on her on four consecutive days and the accused threatened her with dire consequence, if she divulged to anybody about the incident. Consequent upon such offence committed by the accused/appellant, the victim became pregnant and accordingly the FIR was lodged.

(3.) In due course, the police completed investigation and upon submission of charge sheet, charge was framed against the accused/appellant for the offence u/s 376/506 IPC. The charges being read over and explained to him, he denied the same and claimed to be tried.