RABEN MANDAL Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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HITESH KUMAR SARMA,J. -
(1.) This criminal appeal has been preferred by the appellant against the judgment and order dated 07.06.2014, and the sentence dated 11.06.2014, passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. 58 of 2008, under Sections 376 (2) (f) of the IPC, to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 5,000/- in default, to suffer rigorous imprisonment for further period of 2 (two) months.
(2.) I have heard Mr. K Sarma, learned counsel appearing on behalf of accused-appellant, and Mr. BJ Dutta, learned Additional Public Prosecutor, Assam. I have also perused the record of the learned trial Court including the evidence.
(3.) The prosecution case, as unfolded from the evidence on record, including the FIR, is that there was a picnic party arranged in the field in front of the house of the PW5, Silpa Singh. The picnic was arranged in the late evening and it was over little after in the midnight. At the instance of PW6, the mother of PW5, the PW5 and the victim PW2 came to the house of PW5 and slept on the same bed there. In the wee hours of the next morning, at about 2.00/2.30 a.m., the accused-appellant entered into the house by pushing the door and thereafter committed rape on the person of the victim, PW2. The victim screamed following which the nearby people arrived at the place of occurrence. On such facts, the FIR, Ext. 4 was lodged with the Kokrajhar Police Station by Sri Sushil Ray, the father of the victim, PW4.;
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