RAJESH BAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Thakuria, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1.

(2.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment and order dtd. 12/10/2023, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Tinsukia in Sessions Case No. 08/2023, whereby, the appellant has been convicted to undergo Rigorous Imprisonment for 4 (four) years with fine of Rs.5,000.00, in default of payment to undergo Simple Imprisonment for 3 (three) months for committing the offence under Sec. 354 IPC. The accused is also sentenced to undergo R.I. for another 6 (six) months for committing the offence under Sec. 448 IPC, wherein, both the sentences are to run concurrently.

(3.) The prosecution case, in brief, is that on 6/11/2022 at about 9:00 p.m. while the informant was sleeping at her room, at that time her neighbour Rajesh Bag entered her house and put out all the lights and tried to commit rape on her. As the informant woke up, the miscreants fled away from there. Thereafter, the informant chased the miscreants and disclosed the incident to the wife of said Rajesh Bag. Thereafter, the informant lodged an Ejahar before the Officer-in-Charge of Doomdooma Police Station and on the basis of the said Ejahar, Doomdooma P.S. Case No. 341/2022 under Sec. 448/376/511 IPC was registered.