AMANULALI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 31.08.2013 of the learned Additional Sessions Judge No. IV, FTC, Kamrup, Guwahati in Sessions Case No. 434(k)/2012. By the said judgment, while convicting the accused appellant under Section 376(1) IPC, he has been sentenced to undergo R.I. for 7 (seven) years with fine of Rs. 10,000/-. In the event of default in payment of the fine, the appellant is to undergo imprisonment for further six months. Sonapur P.S. Case No. 250/2012 was registered under Section 376 IPC on the basis of the FIR lodged by the informant who is also the victim. Ext. 1 is the said FIR. The story narrated in the FIR is that about 6 (six) months back, the victim had gone to her grant-mother's house at Kapalkata. The accused, whose house was adjacent to her grand-mother's house, accosted her and took her to his house and told her that she was in love with another boy and in the event of furnishing the said information to her father, he would leave her mother. Saying so, he gagged her mouth by a gamocha and also tied her legs with the bed so that she would not shout. Thereafter, he committed rape on her. The accused also threatened her that in the event of divulging the incident, he would kill her with dagger.

(2.) As stated in the FIR, she became pregnant by about 5/6 months. The FIR went on to narrate another story that on 31.07.2012, at about 8-30 p.m., while she came out of her house through the kitchen to attend the nature's call, the accused appellant surreptitiously came and caught hold of her hand. On raising hue and cry, her father arrived and caught the accused red-handed. Thereafter, the village people gathered and raised hue and cry.

(3.) The I.O. who was entrusted with the investigation, completed the same and submitted charge sheet. In due course, the trial Court having framed charge against the accused appellant under Section 376 IPC, the same was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.