This appeal arises out of judgment dated 10.7.91 passed by the Addl. Sessions Judge, Jorhat in Sessions Case No.27 (J-J)/89 thereby holding the appellant guilty of offence punishable under section 376 read with section 511 of the IPC and sentencing him to undergo three years RI with fine of Rs.500/- or in default of payment of fine to suffer further three months imprisonment. Being aggrieved by the same, the appellant/accused preferred this appeal. '

2. The accused is a tea garden labourer so also the prosecutrix father was serving in Kathonibari Tea Estate. It was on 24th November, 1989 at about 2.00 PM while the prosecutrix Smti Kusum Kumari Chetri was cutting grass in a paddy field, the accused appellant is said to have approached her to help her work but, she declined. It was possibly a pretext, the prosecutrix was hugged and embraced and fell to the ground. Her blouse was open and mouth sustained injury, an attempt was made to rape her so goes the allegation. An FIR was lodged by the prosecutrix at Mariani PS and on the basis- of the report, a case under section 376/511 of the IPC was registered and taken under investigation. The prosecutrix was examined by PW 4, who found the

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