JUDGMENT :

(Mridul Kumar Kalita, J.)

1. Heard Md. M. H. Rajbarbhuiyan, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam.

2. This Appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973, by the appellant Mufosil Ali @ Mubosil Ali, impugning the judgment and order dated 24.02.2012, passed in Sessions Case No. 03/2011 by the learned Additional Sessions Judge (FTC), Karimganj whereby the present appellant was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/-, and in default of payment of fine to undergo simple imprisonment for a period of another one month.

3. The facts relevant for adjudication of the instant Criminal Appeal, in brief, are as follows:

(i) That on 11.02.2010, one Abul Hussain lodged an FIR before the Officer-in-Charge of Patharkandi Police Station, inter-alia, alleging that about eight months prior to lodging of the FIR, when the daughter of the first informant, who was aged about 15 years at that time, went to fetch water to the house of the accused Mufosil Ali @ Mubosi