Heard Mr. N. Mahajan, learned counsel for the
accused/appellant. Also heard Mr. P.S. Lahkar, learned
Additional Public Prosecutor, Assam for the state
respondent.
2. This appeal is presented against the judgment &
order dated 26.03.2012 passed by the learned Session
Judge, Nalbari in Session Case No. 30/2007, whereby
the accused/appellant was convicted under Section 376 of
the Indian Penal Code (hereinafter referred to as “IPC”)
and sentenced thereof to undergo Rigorous Imprisonment
for 7 years and a fine of Rs. 2,000/- and in default of
payment of fine, further Imprisonment for 2 months.
3. The brief facts of the case are that on 23.01.2006,
PW-5 i.e. the informant lodged an FIR alleging inter alia
that on that day at around 3:00 pm, the accused/appellant
enticed his niece i.e. the prosecutrix(PW-1) to the Rampur
L.P. School, where he raped her inside the school.
Accordingly, a case was registered being Mukalmua P.S.
Case No. 11/2006 under Section 376(2)(f) of the IPC.