ARINDAM LODH,J. - (1.)Heard Mr. H.K. Bhowmik, learned counsel appearing for the accused-appellant as well as Mr. A. Roy Barman, learned Addl.P.P., appearing for the State-respondent.
(2.)The present appeal is directed against the judgment of conviction and sentence dated 27.06.2015 wherein the accused-appellant was convicted to suffer R.I for 5(five) years for committing offence under Section 376(1) of the IPC along with fine of Rs.2000/- and in default to suffer S.I for four months in connection with Sessions Trial Case No. S.T.49 (WT/K)/2009.
(3.)In a nutshell, the prosecution case is that on 06.06.2009, in the afternoon, at about 5.30 P.M., while the victim (name withheld to protect her identity) was taking bath in the Khowai river situated in the southern side of her house, the accused-appellant Raju Mog Sharma of her own village got down into the river and hugged her and when she cried out, the accused-appellant pressed her mouth by his one hand and took her to the river bed, torn her blouse, bra and committed rape upon her laying her on the earth against her will. She has further stated in the FIR that she tried to shout but the accused-appellant pressed her mouth by his hand. For about 10/15 minutes, the accused had committed rape upon her, thereafter, the accused-appellant Raju Mog Sharma had gone away by crossing the river. At that time, none was there. Returning back to her house, she disclosed the incident to her husband and her husband informed the villager about the facts of the incident who assured him that the matter would be discussed in a village meeting on the next morning but on the next day no meeting was held and aggrieved of that, she lodged an FIR to the Officer-in-Charge of the Teliamura Police Station.
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