RAJEN DAS Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This appeal under Section 374 (2) CrPC has been preferred against the judgment and order, dated 16.6.2014, passed in Sessions Case No.33/L/2012 (Tezu) under Sections 448/376 IPC passed by the learned Sessions Judge, East Sessions Division, Tezu, Arunachal Pradesh, whereby the accused, namely, Rajesh Das has been held guilty and sentenced to undergo S.I. for one year under Section 448 IPC and also to undergo R. I. for 7 years and to pay a fine of Rs.30,000/-, in default, to suffer S.I. for 6 months under Section 376 IPC.

(2.) The instant appeal has been preferred by one Suren Das, on behalf of his convicted son, namely, Rajesh Das.

(3.) The appellant's case, precisely, is that, on 29.05.2012, the prosecutrix, who is aged about 17 years, lodged an FIR before the Officer-in-Charge, Tezu P.S. alleging that on 28.05.2012 at around 07.00 PM, while she was alone at home, all on a sudden, the accused Rajesh Das trespassed into her house through the backside and attempted to rape her forcibly. When the prosecutrix resisted such approach of the accused, the latter assaulted her by means of a dao. The accused took the prosecutrix to the nearby jungle by gagging her mouth and committed rape on her. The accused bite her on her chin causing injury. She struggled to get rid of him and to call her mother who was out of station, but in vain.