DIPEN DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal, under Section 374(2) CrPC, against the judgment and order dated 26.09.2007, passed by the learned Sessions Judge, Dhemaji, in Sessions Case No. 30(DH)/2006, convicting the accused appellant under Sections 448/376 IPC, and sentencing him to undergo Rigorous Imprisonment for 3 (three) months and 7 (seven) years, respectively, and to pay a fine of Rs. 2,000/- (rupees two thousand), in default to undergo Rigorous Imprisonment for 1 (one) month.

(2.) The case for the prosecution is that, on 1.10.2005, the accused appellant went to the house of the victim, at about 3:00 pm, while she was alone, the accused forcibly committed rape on her. At the time of commission of rape, the elder sister and the brother of the victim came home, and the accused fled away. On the above facts, the victim herself lodged the FIR.

(3.) On receipt of the FIR, the Dhemaji Police Station registered a case against the accused, and after completion of the investigation of the case, submitted charge-sheet against the accused under Sections 448/376 IPC.