ANIL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel for the accused/appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam for the state respondent.

(2.) This appeal is presented against the judgment and order dtd. 26/3/2012 passed by the learned Session Judge, Nalbari in Session Case No. 30/2007, whereby the accused/appellant was convicted under Sec. 376 of the Indian Penal Code (hereinafter referred to as "IPC") and sentenced thereof to undergo Rigorous Imprisonment for 7 years and a fine of Rs.2,000.00 and in default of payment of fine, further Imprisonment for 2 months.

(3.) The brief facts of the case are that on 23/1/2006, PW-5 i.e. the informant lodged an FIR alleging inter alia that on that day at around 3:00 pm, the accused/appellant enticed his niece i.e. the prosecutrix(PW-1) to the Rampur L.P. School, where he raped her inside the school. Accordingly, a case was registered being Mukalmua P.S. Case No. 11/2006 under Sec. 376(2)(f) of the IPC.