MANZUR RAHMAN BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Barbhuiya, learned counsel appearing for the appellant as well as Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent.

(2.) The present appeal has been preferred against the judgment and order dated 03.12.2018 passed by the learned Sessions Judge in Sessions Case No.31/2018 whereby the accused/appellant is convicted under Section 376 IPC and sentenced to RI for 10 years and pay a fine of Rs.10,000/-, in default RI for 3 months with further direction to pay Rs.50,000/- as compensation to be paid by the District Legal Services Authority under Section 357 (A) Cr.P.C.

(3.) The prosecution case in brief is that on 26.01.2018, the victim lodged an FIR with the Officer-in-charge, Hailakandi Police Station alleging that in the night of 26.01.2018, at about 6.30 PM while she was returning from Hailakandi Rabindra Mela towards her rented house, the accused persons Manjur Rahman Barbhuiya and another unknown person appeared with an Alto vehicle and forcefully lifted her in the vehicle and took her to an unknown place and committed rape upon her. Thereafter, the accused person assaulted her by means of fists and blows and leaving her alone left the place.