JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. R. De, learned counsel for the accused-appellant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State/respondent.

2. This is an appeal filed under Section 374 Cr.P.C. 1973, challenging the judgment and order dated 19.12.2013 passed by the leaned Assistant Sessions Judge, Sonitipur, Tezpur in Sessions Case No. 146/2012, whereby the accused/appellant was convicted under Sections 457/376 IPC and sentenced him to undergo simple imprisonment for 7 years and to pay a fine of Rs. 3,000/- in default to undergo simple imprisonment for another 3 months for the offence under Section 376 IPC and to undergo simple imprisonment for 3 years and to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for 2 months for the offence under Section 457 IPC. Both sentences were directed to run concurrently.

3. The brief facts of the case is that one Jitu Kalita lodged an FIR on 17.02.2012 before the Officer-in-Charge, Dhekiajuli Police Station stating inter-alia that on 15.02.2012 at about 12 o’clock (mid night), while he was watching ‘bhawna’ at Ward No. 6, one Paresh Nath, a resident of Ward No. 6, entered into his house b