PROSANTA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Barua, learned counsel as well as Mr. S. Das, learned Amicus Curiae appearing for the appellant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam.

(2.) This is an appeal under Sec. 374 (2) of the Code of Criminal Procedure against the judgment and order dtd. 17/1/2012 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No.2 of 2006. The appellant was convicted under Sec. 417 of the Indian Penal Code and was sentenced to undergo simple imprisonment of six months.

(3.) On 21/7/2004, Smt. Rekha Bora has filed a complaint stating that she was in a relationship with Prosanta Bora for more than one year. Prosanta Bora allegedly promised to marry and on that promise, he had physical relationship with her. On 29/6/2004, accompanied by two Mohila Samity members, Prosanta Bora took the complainant to his house and introduced her to be his wife. That day also, she slept with Prosanta Bora who had physical relationship with her that night. She put pressure upon Prosanta Bora to marry her. In return, he threatened her and asked her to return to her own house. In that way, Rekha Bora spent many days in the house of the appellant Prosanta Bora. His elder sister Smti Niru Bora did not allow the complainant Rekha Bora to sleep with Prosanta Bora. She compelled Rekha Bora to sleep with her. On the date of filing of the complaint, at about 4.30 in the morning, while Rekha Bora was sleeping, Niru Bora tried to kill her by pressing her neck. She somehow saved her life and went to the house of her parents.