BAKUL BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. NNB Choudhury, learned counsel appearing for the appellant/accused as well as Mr.D. Das, learned Addl. P.P., Assam appearing for the State/respondent. None is present for and on behalf of respondent No.2/informant.

(2.) This appeal is preferred against the judgment and order dated 24.08.2018, passed by the learned Addl. Sessions Judge, Sonitpur at Tezpur, in Sessions Case No.308/2015, whereby the appellant/accused Bakul Borah has been convicted u/s.376(1) of the IPC and sentenced him to undergo rigorous imprisonment for 12 (twelve) years and to pay a fine of Rs.3,00,000/- (Rupees three lakhs), in default simple imprisonment for six months. Out of the fine imposed, fifty percent of the same was directed to be paid to the victim u/s.357 of the CrPC.

(3.) Briefly stated, the prosecution case is that on 08.05.2013, the victim was admitted in Shraddha Shelter Home, Baroholia, Tezpur, who was carrying unmarried pregnancy and she gave birth to a male child on 31.07.2013, at Kanaklata Civil Hospital, Tezpur. On 1.8.2013, the victim has given her statement that the father of her child is Mr. Bakul Borah, who is a member of Child Welfare Committee, Tezpur, Sonitpur. With the above facts, an FIR filed on 06.08.2013 by Aklima Begum, the Superintendent of Shraddha Shelter Home, Baroholoia stating that on 02.08.2013, Smti Namita Baruah Borah, the sister-in-law of accused Bakul Borah, threatened to kill the victim and her child at Kanaklata Civil Hospital.