RANJIT HAZARIKA S/O LATE NAGEN HAZARIKA Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-1-56
HIGH COURT OF GAUHATI
Decided on January 08,2018

Ranjit Hazarika S/O Late Nagen Hazarika Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This appeal is directed against the judgment and order dated 05/01/2015 passed by learned Asstt. Sessions Judge, Jorhat in Sessions Case No. 64(JJ)/2012. By the said judgment, the appellant was convicted u/s 376 (2) (f) IPC and sentenced to imprisonment for ten years and fine of Rs. 25,000/- with default stipulation.
(2.) As per prosecution case, on 21/11/2011, at about 9 am, when the victim was alone in her house, the accused/appellant forcibly committed rape on her. As the accused/appellant threatened the victim with dire consequences in the event of disclosing the occurrence, she did disclose the matter and therefore, the occurrence came to light belatedly. The mother of the victim lodged an FIR on 07/12/2011, on the basis of which, the police registered a case and after usual investigation submitted charge-sheet against the accused/appellant u/s 376 IPC.
(3.) In course of trial, charge u/s 376 IPC was framed against the accused/appellant, to which he pleaded not guilty. 13 (thirteen) witnesses were examined by the prosecution to establish the charge. On appreciation of evidence, learned trial court convicted the appellant u/s 376 IPC and awarded sentence as indicated above.;


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