MOINUL HAQUE AND OTHERS Vs. STATE OF ASSAM .

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dated 16.6.2000 passed by the Learned Sessions Judge, Nagaon in Sessions Case No. 97(N)97. The Learned Sessions Judge convicted the appellants under Section 376(ii)(g) of Indian Penal Code and sentenced each of them to rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5000 each, in default to further rigorous imprisonment for a period of six months. Aggrieved thereby, the appellants have preferred this appeal controverting the legality and validity of the impugned judgment on various grounds incorporated in the Memo of Appeal.

(2.) P.W. 2 Mustt. Halima Khatoon lodged the F.I.R., Exhibit-2, on 11.11.1996 alleging that on the previous evening at about 8 P.M., on her way back from Jamunamukh Bazar near Sarlock village, the appellant Moinul Haque along with two other unknown persons overpowered her and committed rape on her in the nearby bushes. On alarm being raised by her, the accused persons fled away snatching 4 silver bangles, a pair of golden earings and an amount of Rs. 500 in cash.

(3.) The police registered a case and in due course submitted charge sheet against the appellant Moinul Haque under Sections 341/376 IPC. The other two appellants, namely Nazir and Ismail were not sent up for trial for want of evidence. They were summoned to face trial by the learned Sessions Judge vide order dated 9.7.1997. Charges were framed against all the three accused-appellants under Section 376(ii)(g) and 379 IPC.