ALAUDDIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Mazumdar, learned senior counsel assisted by Mr. B. Hussain and Mr. P.B. Mazumdar, advocates. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.

(2.) This appeal is preferred against the judgment and order dated 30.1.2006 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 225(K)/2002 convicting the Appellant under Section 376, IPC and sentencing him to undergo R.I. for 7(seven) years and to pay a fine of Rs. 5,000 and in default to undergo further R.I. for one year.

(3.) The prosecution case is based on the FIR dated 1.3.1998 wherein it has been alleged that on 1.3.1998 at about 5.30 p.m. while the informant's daughter aged about 10 years was out to Borolia River Bank to attend the call of the nature, the accused came behind and caught hold of her and forcibly committed brutal violence and left her at unconscious state. The Police registered a case under Section 376, IPC and after completion of the investigation submitted charge sheet against him under Section 354, IPC. The case being committed for trial, the learned Sessions Court framed charge under Section 376, IPC to which the Appellant pleaded not guilty and claimed to stand trial.