SUNIL SUTRADHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. Devi, learned counsel for the appellant, Mr. P.S. Laskar, learned Additional Public Prosecutor for the respondent State and Mr. D.K. Bhattacharyya, learned AmicusCuriae for the respondent No. 2.

(2.) This appeal is directed against the judgment and order dtd. 19/7/2024 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 21 (BGN) of 2021, convicting Sri Sunil Sutradhar @ Dhanjit (hereinafter also referred to as the accused or the appellant) under Sec. 341/376 of Indian Penal Code, 1860 (IPC for short) and, sentencing him to undergo simple imprisonment for 1 (One) month under Sec. 341 of IPC and, sentencing him to undergo simple imprisonment for 10 (Ten) years under Sec. 376 of IPC and to pay a fine of Rs.3000.00 (Rupees Three Thousand) only with default stipulation.

(3.) The genesis of the case was that on 28/12/2020 while the victim (hereinafter also referred to as the X) was returning home from Bongaigaon the appellant wrongfully restrained the victim at Dangtol and made obscene gestures towards her. He also threatened to kill her and compelled her to accompany him to a hotel at Bongaigaon. In the hotel, he forcefully committed rape on the victim X and clicked some nude pictures with his mobile phone. He threatened the victim X not to divulge about the incident lest he would kill her parents. On 2/2/2021, victim's marriage was solemnized with Y, who hails from Bijni, Gosaigaon.