AJIT BORI S/O MOHEN BORI Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-1-109
HIGH COURT OF GAUHATI
Decided on January 04,2018

Ajit Bori S/O Mohen Bori Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This appeal is directed against the judgment and order dated 29.05.2017 passed by the learned Additional Sessions Judge, Golaghat, in Sessions Case No. 50/2016. By the said judgment, the accused appellant was convicted under Section 376 (1) IPC and sentenced to rigorous imprisonment for seven years and fine of Rs. 10,000/-, in default further simple imprisonment for six months.
(2.) As per the prosecution case, one week before the lodging of FIR, the accused appellant committed sexual intercourse with the victim alluring to love her. When she raised objection to such act of the accused/appellant, he threatened to kill her and also stated that there was no prove of his committing sexual intercourse with her. An FIR was lodged on 20.02.2016 by the victim herself and on the basis of the said FIR, police registered a case being Kamargaon P.S. Case No. 21/2006. During investigation, statement of the victim was recorded by Magistrate under Section 164 CrPC. She was also subjected to medical examination and on completion of investigation charge sheet was laid against the accused appellant under Section 417/376/506 IPC.
(3.) In course of trial, charges were framed against the accused appellant under Section 417/376 IPC, to which he pleaded not guilty. Eight witnesses were examined by the prosecution to establish the charge and on appreciation of evidence, learned Trial Court convicted the present appellant under Section 376 (1) IPC and awarded sentence as indicated above. The accused was, however, acquitted charge under Section 417 IPC.;


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