JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

This appeal is directed against the Judgment and Order dtd. 20/9/2011 passed by the learned Additional Sessions Judge (Fast Track Court), Biswanath Chariali convicting the accused, namely, Jiten Sona (Hereinafter referred to as the appellant) under Sec. 448 of the Indian Penal Code (IPC in short) to undergo simple imprisonment for 4 (four) months and pay a fine of Rs.500.00 (Rupees Five Hundred) only with default clause, and under Sec. 354 of IPC to undergo rigorous imprisonment for 1 (one) year and pay a fine of Rs.5000.00 (Rupees Five Thousand) only with default stipulation.

2. The FIR lodged by Smti. 'X' (name withheld) unfolds that on 13/3/2010 at about 6.00 p.m the appellant barged into her house and forcefully committed rape on her. The appellant ripped off her blouse and attempted to stab her with a 'khukuri' (machete type of weapon) which was strapped to his back. The terrified informant ('X') was unable to prevent the appellant from assaulting her and when the appellant left she screamed and her in-laws reached home from the market. The complaint was registered as Biswanath Chariali Police Station Case No. 42/2010 under Ss. 447/376/506 of