ABU BAKKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 23.1.1986 passed by the learned Sessions Judge, Darrang in Sessions Case No. 108 (DM) of 1985 convicting the accused-appellants U/s. 457 and 376 of I.P.C. and sentencing them there-under to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/- (one thousand), in default to undergo rigorous imprisonment for 6 (six) months for commission of the offence u/s. 457 of I.P.C. and also convicting the accused-appellants for commission of the offence U/s. 376 of I.P.C. and sentencing them there-under to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 1,000/- (one thousand), in default, to undergo rigorous imprisonment for 6 (six) months. Both the sentences were ordered to run concurrently.

(2.) I have heard Mr. M.A. Laskar, the learned counsel appearing on behalf of the appellants and Mrs. K. Deka, learned Public Prosecutor appearing on behalf of the respondent.

(3.) The prosecution case, shortly put, was that in the intervening night of 9.6.1981 and 10.6.1981 both the appellants entered into the residential hut 6f the prosecutrix, namely, Fazian Nessa by breaking open the door and thereaf- ter committed rape on her one after another. On the following morning prosecutrix went to the court of learned Magistrate at Mangaldoi and submitted a written ejahar. There upon the learned Magistrate examined the prosecutrix and her 2 (two) witnesses on oath and took cognizance of the offences u/s. 457/ 376 of I.P.C.