RANJIT SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R.P. Mazumdar, learned Ainicus Curiae. Also heard Mr. B. Buragohain. learned P.P.. Assam.

(2.) This criminal appeal has been directed against the judgment and order dated 7.2.2004 rendered by the learned Sessions Judge, Tinsukia in Sessions Case No. 130 (M)/03 whereby the appellant was found to be guilty of the offence of rape committed on P.W. 1, the prosecutrix and accordingly he was convicted under section 376, I.P.C. and sentenced to under go rigorous imprisonment for seven years and to pay fine of Rs. 1000.00, in default to suffer rigorous imprisonment for 3 months.

(3.) The prosecution case, in short. may be noticed. An ejahar was lodged on 8.12.2002 by P.W. 1, the prosecutrix of No. 2 Borgolai with Margherita Police Station alleging that on 6.12.2002 at about 5 p.m. the appellant, Ranjit Saikia entered into her house at the time of absence of her husband and forcefully raped her. When she raised noise, neighbouring persons gathered at the place of occurrence.