BENUDHAR DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. SK. N. Mohammad, learned counsel, appearing for the accused appellant and Mr. B. Gogoi, learned Additional Public Prosecutor, assam, for the respondent.

(2.) THIS appeal has been preferred against the judgment and order dated 22-6-2007 passed by the learned Sessions Judge, dhemaji, in Sessions Case No. 23 (JN)/2006 convicting the accused appellant under Section 457 of the Indian Penal Code and sentencing him with rigorous imprisonment for 2 (two) years, and also with a fine of Rs. 2,000/- (Rupees two thousand), in default of payment of fine, rigorous imprisonment for a further period of 1 (one), month and also convicting him under Section 376 of the ipc and sentencing him with rigorous imprisonment for 7 (seven) years and with a fine of Rs. 3,000/- (Rupees three thousand), in default of payment of fine with R. I. for a further period of two moths.

(3.) THE prosecution story, in brief, is that on 3-8-2005 at about 2. 30 a. m. when the informant "bm" was sleeping in her house, the appellant entered into her house by opening the door and committed rape on her. During commission of the offence, the informant raised hue and cry, which woke up her husband from his sleep and the husband caught hold of the accused, but he somehow managed to escape from the house of the informant. Before filing the FIR, the matter was informed to the Goanburah (Headman) of the village and a village meeting was held but the appellant did not turn up. Thereafter, an FIR was lodged on 7-8-2005 with the Officer -in -charge of Jonai police Station, on the basis of which, Jonai p. S. Case No. 80/2005 was registered under Section 457/376 of the IPC. On completion of investigation, police laid charge-sheet against the appellant under Section 457/376 of the IPC. The case was committed to the Court of Sessions Judge, Dhemaji. The charges were framed against the appellant under the aforesaid sections to which the accused appellant pleaded not guilty and claimed to be tried.