BIJOY Vs. STATE OF ASSAM AND ANR REPRESENTED

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the appellant/accused. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam for the State/respondent No.1 and Mr. U.S. Bargohain, learned counsel for the private respondent No.2 (informant).

(2.) The present appeal has been preferred against the judgment and order dated 04.04.2012, passed by the learned Sessions Judge, Dhemaji, convicting the accused/appellant in Sessions Case No.10 (DH)/2013, sentencing the accused to undergo R.I. for seven years and to pay a fine of Rs.1000/-, in default to undergo R.I. for another one month, for the offence under Section 376(1) of the IPC. The accused also sentenced to undergo R.I. for five years and to pay a fine of Rs.1000/-, in default to undergo R.I. for one month, for the offence under Section 366 of the IPC and the sentences will run concurrently.

(3.) Briefly stated the prosecution case is that on 05.12.2012 at about 8:30 A.M., while the informant's niece (the victim) went to S.F.S. School to drop the informant's minor children and on returning home, the accused forcibly took the victim and thereafter he made a demand of Rs.2 lakhs over phone to the informant threatening dire consequences if the demand is not fulfilled. On the basis of the FIR received, the Dhemaji P.S. Case No.331/2012, under Section 364(A) IPC was registered and on completion of the investigation, charge sheet was submitted against the accused person (appellant herein), under Sections 366/376/325 IPC.