BISHWANATH PACHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 6.4.99 passed by the Learned Sessions Judge, Karimganj in Sessions Case No. 5 of 1990 whereby the appellants were convicted under 458 I.P.C. and sentenced to rigorous imprisonment for 6 years and to pay a fine of Rs. 100/- each in default to suffer further imprisonment for two months and under Section 376 I.P.C. with the sentence of 8 years rigorous imprisonment and to pay a fine of Rs.200/- each in defauk to 3 months further rigorous imprisonment.

(2.) I have heard the Learned Counsel Mr N. Dhar assisted by Smt. A. Begum for the appellants and also Mrs. K. Deka, Learned Public Prosecutor, Assam, and perused the Judgment under appeal and the connected case records.

(3.) The prosecution case as is revealed in the First Information Report is that on the might of 15.6.1988 at about 2 A.M., the appellants namely Biswanath Pachi, Jalandhar Dhubi and Basanta Turia entered the residential house of the complainant Smti Sefali Rani Roy being armed with lathis and took away the prosecutrix, namely, Kalpana out of the house after a brief scuffle and committed raps on her and, thereafter, left her in the compound of their neighbour Bihari Turia who eventually handed over Kalpana Roy to the complainant. It would further appear from the F.I.R. that the accused persons had covered their face and head with white cloth and the complainant could recognise them only from their voice.