JUDGMENT (CAV)

Rumi Kumari Phukan, J.—Heard Mr. HRA Choudhury, learned sr. counsel appearing for the appellants as well as Mr. Bidyut Sarma, learned Addl. Public Prosecutor, Assam, for the Respondent State.

2. This appeal has been preferred by the appellants against the judgment and order dated 25.11.2013 passed by the learned Assistant Sessions Judge, Karimganj in Sessions Case No. 37 of 2010 convicting the accused appellants U/Ss 448/376(2)(g) IPC and sentencing them to undergo rigorous imprisonment for one years under Section 448 of the India Penal Code, 1860 and further sentencing them to undergo rigorous imprisonment for 10 (ten) years each under Section 376 (2)(g) IPC and fine of Rs.5000/- each in default to undergo further rigorous impressments for two years. Both the sentences will run concurrently.

3. The prosecution case in brief is that on 7.9.2008 during evening time at about 6.00 pm, accused Ajay Bardhan and Mukul Bardhan in absence of informant Nidhu Nath and his wife of village Goalpur abruptly trespassed into their house and they forcibly dragged out the daughter of the informant after gagging her mouth with cloth and showing dagger to her, while she was refilling k