RANJAN ALI @ RAMJAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 09.10.2013 of the learned Sessions Judge, Barpeta in Sessions Case No.244/2011, convicting the accused/appellant u/s 457 IPC with the sentence of 04(four) years rigorous imprisonment with fine of Rs. 2000/ - (Rupees two thousand) and in default, further imprisonment for 03(three) months and also convicting the accused/appellant u/s 354 IPC with the sentence of rigorous imprisonment for 01(one) year. Both the sentences are to run concurrently. The period already undergone during investigation, enquiry or trial, is to be set off u/s 428 of the Cr.P.C against the term of imprisonment imposed on him.

(2.) ON the basis of the FIR lodged on 10.10.2011 by the prosecutrix with the Officer -in -Charge, Salbari P.S Case No.58/2011 was registered u/s 457/354/376/511 IPC. In the FIR, it was stated that on 08.10.2011 at about 11.00 P.M, taking advantage of absence of her husband, the accused entered into her house and tried to rape her. In order to protect her chastity and there being no other alternative, she was compelled to brought out a blade from under her bed with which she inflicted injuries on the accused and thereby managed to save herself.

(3.) UPON registration of the aforesaid police case, investigation was carried out and in due course on completion of the investigation, charge sheet was submitted against the accused/appellant u/s 457/354/376/511 IPC. During trial, the charges were read over and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried.