Paran Kumar Phukan, J.

Under assailment in this appeal is the judgment and order dated 03.01.2013 passed by the learned Assistant Sessions Judge, Morigaon in Sessions Case No. 42/2012 whereby, the learned court acquitted the accused of the offence u/s 376 (1) (b) of the IPC.

2. Accusation against the respondent No. 1 is that on the night of 22.07.2011, while respondent No. 1 Dr. Atul Ch. Pator was functioning as Medical Officer in Jhargaon PHE, he called the prosecutrix, a Nurse working in the said hospital who was attending a delivery case, to the seminar room of the hospital and as soon as she arrived near the door, he pulled her inside and closed the door and made her to sit on a chair and thereafter indulged in sexual intercourse with her and after satisfying himself while he was withdrawing his male organ, the prosecutrix slashed his organ with a blade which she kept concealed in her hand.

3. Immediately, after the incident, the prosecutrix informed about the same to police over telephone. Police arrived on getting the information and took the respondent No. 1 and the prosecutrix to police station.

4. On the next day, written FIR, Exbt. 1 was filed with the O/C