LA SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. H. Choudhury, learned Senior Advocate appearing for the appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(2.) THIS appeal is directed against the Judgment and Order dated 26. 06. 2001 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 93/2000 convicting the accused appellant La Sonowal under Section 376 IPC sentencing him to undergo imprisonment for seven years and to pay fine of Rs. 1000/-, in default in payment of fine, to undergo rigorous imprisonment for three months.

(3.) PROSECUTION case, in brief, is that on the night of 4th March, 2000 at village Barichowa Gaon under Ghiladhari Police Station, while the victim (PW-3) (name withheld) was preparing herself to appear in the ensuing matriculation (HSLC) examination scheduled to be held on 9. 3. 2000, her elder sister was preparing food in the kitchen. There was none else in the house as their mother, a cancer patient, was undergoing treatment in the Assam Medical College, Dibrugarh and their two brothers were attending her. Around 8 P. M. the accused appellant came to the house of the victim in a bicycle and thereafter forcibly pulled out PW-3 by showing a dagger and dragged her to a nearby field and laid her over straws and forcibly committed rape on her. After satisfying his lust, the accused fled the scene. The poor victim thereafter came back to home and reported the incident to her aunt, who reached their house, in the meantime, on being informed by her elder sister Minakshi Chutia (PW-2 ).