MUSAUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of the Gauhati High Court dated 20.2.2004 passed in Criminal Appeal No.188/2003 by which appeal against the judgment and order of the Sessions Court Kamrup, Guwahati in Sessions Case No.87(K)/97 (GR. Case No.47/95) has been dismissed wherein the appellant was convicted under Section 376 Indian Penal Code (in short "IPC") and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.2,000/-, in default to undergo imprisonment for another six months. However, the High Court reduced the sentence to four years and fine to Rs.1000/-.

(2.) The facts and circumstances giving rise to this case are that the appellant Mussauddin Ahmed alias Musa allegedly abducted a minor girl namely Mira Begum on 7.1.1995 took her to a hotel and committed rape on her.

(3.) The victim PW.4 Mira Begum was working as a maid servant in the house of PW.2 Abdul Hai Laskar and his wife PW.3 Hasmat Ara Begum at Gandhibasti, under Paltanbazar Police Station, Guwahati. Appellant was a security guard in the house of one Imran Shah of that locality. The appellant and prosecutrix knew each other from before.