BABU BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 20.07.2011, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 95(DH)/2009 convicting and sentencing the accused-appellant under Sections 448/376 of the IPC to simple imprisonment for 6 (six) months and to pay a fine of Rs. 500/- with a default clause under Section 448 of the IPC and also sentencing him to rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 10,000/- with a default clause under Section 376 of the IPC.

(2.) I have heard Mr. M Biswas, learned counsel appearing for the accused-appellant as well as Mr. PS Lahkar, learned Additional Public Prosecutor appearing for the State respondent.

(3.) The fact leading to the case is that, on 14.09.2009, at about 4:00 pm, the accused-appellant trespassed into the house of the victim and committed rape on her. The victim was 14 years old at that time. The informant in the instant case is the mother of the victim.