JUDGEMENT
Mir Alfaz Ali, J. -
(1.)Heard Mr. R. Ali, learned counsel for the appellant and Mr. T.K. Mishra, learned Addl. Public Prosecutor for the respondent.
(2.)This appeal is directed against the judgment and order passed by learned Sessions Judge, Goalpara in Sessions Case No. 26/2010. By the said judgment, the learned Sessions Judge convicted the appellant under Section 376 IPC and sentenced him to imprisonment for 7 (seven) years and also directed to pay compensation of Rs. 5,000/- (Rupees four thousand) to the victim.
(3.)As per prosecution case, on 15-12-2009 at about 8.30 in the evening when the informant (victim) was alone in her house, the appellant trespassed into the house being armed with a dagger and committed rape on her against her will. He also threatened the victim not to disclose the occurrence to anyone. A complaint was lodged by the victim on 17- 12-2019 before the Chief Judicial Magistrate, Goalpara, which was forwarded to police under Section 156 (3) of the Cr.P.C. for investigation. Treating the said complaint as an FIR, police registered Goalpara PS Case No. 547/2009 u/s 457/376/506 IPC and on conclusion of the investigation laid charge-sheet against appellant under sections 457/376/506 IPC.
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