DIGANTA MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) LEARNED counsel for the appellant. Also heard mr. D. Das, Additional Public Prosecutor, Assam.

(2.) THE accused appellant has questioned the legality and validity of the judgment and order dated 30-4-2002 passed under section 366/376 (1) IPC in sessions case no. 46 (D-M) 1998 by the learned Sessions judge, Darrang, Mangaldoi, convicting the accused appellant under Section 366 IPC and sentencing him to suffer RI for 4 years and to pay a fine of Rs. 1. 000/-, in default, further RI for 2 months. The appellant was further convicted under Section 376 (1) IPC and sentenced to suffer RI for 7 years and to pay a fine of Rs. 3,000/- in default, further RI for 2 months.

(3.) THE prosecution case in brief is that an FIR dated 5-1-98 has been lodged by one smti Narmada Bhuyan, mother of the victim girl alleging that in the afternoon of 2-1 -98 the victim girl was on the road at Tangla town where she was intercepted by the accused. The accused appellant took her in his bicycle to his house and kept her there for the night. It is further alleged that the accused committed rape upon her. The following morning the victim came home and reported the incident to her mother. Her mother then called the villagers and the accused was also called there. The accused did not deny the incident in presence of the villagers.