JUDGMENT :

The instant appeal under Section 374(2), Code of Criminal Procedure, 1973 [‘the CrPC’ and/or ‘the Code’, for short] is directed against the judgment and order dated 29.12.2010 passed by the learned Additional Sessions Judge [FTC], Bongaigaon [‘the trial court’, for short] in Sessions Case no. 14(M)/2009 [State of Assam vs. Md. Khairul Islam]. By the said judgment and order dated 29.12.2010, the accused-appellant had been convicted under Section 417, Indian Penal Code [IPC] and he had been sentenced to undergo simple imprisonment for 1 year and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for further 3 months.

2. The case of the prosecution, in brief, is that on 24.03.2007, a First Information Report [FIR] was lodged before the In-Charge, Gerukabari Police Post by the complainant. In the said FIR, it was, inter-alia, alleged that she had a love affair with the accused-appellant for last about 6 months. At around 0700 p.m. on 22.03.2007, the accused-appellant by making a promise to marry her, took her to his house from her mother’s house and thereafter, committed rape upon her in his room against her will. When the mother of the