Decided on January 04,1994

Prahllad Nath Appellant
STATE OF ASSAM Respondents


- (1.)This appeal is directed against and order dated 22.7.87, passed by the Sessions Judge. Darring, Mangaldai in Sessions Case No. 65 (DM) of 1985 convicting the accused-Appellant under Section 457. Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for three months more and also convicting under Section 376 IPC and senticing to under go rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- and in default to undergo further rigorous imprisonment for three months.
The facts of the case may be briefly stated as follows:

(2.)On 15.3.83 an (sic) was lodged by PW-6 Sri Kamala Kanta the brother of the prosecutrix, stating inter alia that on 15.3.83 at about 8.30 p.m. in the accused Appellant entered into the house and committed rape on his sister Bimala Bala Nath alias Devi, when he found her alone. Smti. Binala Bala Nath raised hue and cry. On hearing the hue and cry his brother Rasadhar Nath came running and found the Appellant was in compromising position with his sister. Police registered a case and commenced investigation. During investigation police examined witnesses and thereafter submitted charge sheet under Section 457 read with Section 376 IPC.
(3.)During trial, seven witnesses including the Doctor (PW-5) and Investigating Officer (PW-7) were examined. Thereafter, the Sessions Judge examined, the accused and his statement was recorded under Section 313 of Criminal Procedure. The Sessions Judge found the accused-Appellant guilty under both sections and accordingly sentenced him as State above.

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