PRABHU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 06.06.2007 passed by the learned Sessions Judge, Darrang, Mangaldoi in Crl. Appeal No. 25 (D-3)/2006 affirming the judgment and order dated 22.08.2006 passed by the learned Sub-Divisional Judicial Magistrate, Udalguri in G.R. Case No. 372/2005 convicting the accused petitioner u/s 448/354 of the IPC and sentencing him to imprisonment for two months u/s 448 IPC and four months u/s 354 of the IPC.

(2.) Heard Mr. Z. Kamar, learned counsel appearing for the accused petitioner and Mr. N. K. Kalita, learned Addl. Public Prosecutor, Assam.

(3.) The accusation against the accused petitioner is that on the evening of 02.06.2005 at about 5.30/6 PM the accused petitioner entered into the house of the informant and molested his wife taking advantage of the absence of the other family members from the house including her husband who is the informant of this case. Initially the matter was sought to be resolved through the Mahila Samittee, but due to absence of the accused the matter could not be settled which compelled the informant to file the FIR before the police and consequently there was delay of about 10 days in filing the FIR. On the basis of the delayed FIR police registered a case and on completion of investigation laid charge sheet against the accused petitioner.