PRASANTA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred by accused/appellant, Sri Prasanta Bora, who has been convicted by judgment and order dated 18.06.2014, passed by the learned Additional Sessions Judge No. IV (FTC), Kamrup(M), Guwahati, in Sessions Case No. 33(K)/2013, arising out of GR Case No. 9436/2008, under Section 376 IPC, and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for further period of 2 months.

(2.) The prosecution case is that, on 29.10.2008, at about 3.30 pm, while the victim/PW1 was returning home from the house of her aunt, at a solitary hilly place, the accused-appellant on the pretext of asking something to her, took her to his house and committed rape on her.

(3.) On the above facts, the informant, father for the victim, examined as PW4, lodged an FIR, on 30.10.2008, which was registered as Bhangagarh Police Station Case No. 80 of 2008, under Section 376 IPC, investigated into it, collected evidence, and finally, submitted charge sheet against the accused/appellant, under Section 376 IPC.