Crl.A. 81/2003 BEFORE THE HON’BLE MR JUSTICE P.G.AGARWAL Heard learned counsel for the appellant as well as Mr. P.C.Gayan, learne d P.P. Assam. The appellant Bhogeswar Chutia has been convicted by the learned Session s Judge, Dhemaji in Sessions Case No. 47(DH)/2001 under Section 376 IPC sentenci ng him to undergo rigorous imprisonment for 7 years and to pay fine of Rs.1000/- , in default in payment of fine, to undergo further imprisonment for another one month. Hence, the present appeal. Prosecution case, in brief, is that on 01.01.2001 at about 8 P.M. the ac cused appellant forcibly committed rape on the victim Purnima Sonowal promising to marry her. The poor victim reported the matter to the villagers and thereafte r the FIR was lodged. In view of the evidence on record, the conviction of the appellant has n ot been seriously challenged before us and it is submitted that the accused in j ail custody for nearly four years. As such, the sentence may be reduced. We have perused the evidence of the victim and other witnesses. The pros ecutrix, a young girl aged about 14/15 years, has categorically stated that the accused forcibly committed rape on her. The defence plea in this case is of wilf ull elopment and not forcible rape. PW-5 the Doctor, who examined the victim als o found the hymen torned and simen like substance in the vegina. Thus, the medic al evidence supports the oral testimony of the victim. In view of the above, we affirm the order of conviction. We have also he ard the learned counsel for both the parties on the setnence and on consideratio n of facts and circumstances, we reduce the setence to imprisonment for 5(five) years and fine of Rs.1000/-, in default in payment of fine, to undergo further i mprisonment for 15 days. With the above modification in sentence, the appeal stands disposed of.