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2024 Supreme(Gau) 482

SUSMITA PHUKAN KHAUND
Habibar Rahman S/o Abdul Hoque – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. Uddin.
For the Respondent: R.R. Kaushik.

 

1. This appeal is directed against the Judgment and Order dated 30.06.2022, passed by the learned Additional Sessions Judge (FTC), Barpeta, in connection with Sessions Case No. 181/2021, convicting Habibur Rahman (hereinafter, referred to as the accused or the appellant), under Section 448 of the Indian Penal Code, 1860 (IPC, for short), and sentencing him to undergo Rigorous Imprisonment for 1 (one) year and a fine of Rs. 1,000/- (Rupees One Thousand Only) with default stipulation, and under Sections 376/511 of IPC, sentencing him to undergo Rigorous Imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/- with default stipulation.

2. The State of Assam represented by the Public Prosecutor and the victim, are arrayed as respondent Nos. 1 and 2, respectively.

3. The genesis of the case was that the informant (also referred to as the victim or X), lodged an FIR with the Police at Alopatichar Police Station, alleging that on 15.09.2021, at about 08:00 pm, while the victim was alone at home and was inside the kitchen, the appellant entered into her house and gagged her by her mouth with a piece of cloth and threatened her. Thereafter, the appellant pinned her to the ground an

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