RAMEN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Ahmed, the learned counsel for the appellant. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent no. 1.

(2.) This is an appeal u/s 374(2) Cr.PC against the impugned judgment and order dtd. 26/8/2019 passed by learned Additional Sessions Judge (FTC) at Rangia, Kamrup, Assam in Sessions Case No. 176/2016 arising out of G.R. Case No. 615/2015 convicting and sentencing the accused-appellant under Sec. 376 IPC and thereby sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000.00 in default Simple Imprisonment for 1 year.

(3.) The case of the prosecution in brief is that on 14/5/2015 at about 11 AM when the informant/victim was going by the side of gate of the accused, he called her into his residence and when she came into the house, the accused thrown her on his bed and thereafter committed sexual intercourse with her and then he warned her not to disclose the incident to any person with the threatening of dire-consequence. Thereafter the victim/informant lodged the FIR only on 16/5/2015 with 2 days delay.