LAWS(GAU)-2020-1-31

MD NAZIM UDDIN Vs. STATE OF ASSAM

Decided On January 23, 2020
MD NAZIM UDDIN Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. P Dutta, learned counsel for the appellant and Mr. D. Das, learned Addl. Public Prosecutor, appearing for the State/respondent.

(2.) This appeal has been preferred under Section 374(2) of the Cr.P.C. praying for setting aside the impugned judgment and order, dated 30.04.2013, passed by the learned Sessions Judge, Karimganj in Sessions Case No. 31/2011, whereby the accused appellant has been convicted and sentenced to rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- (Rupees One Thousand) only, in default to undergo a further term of rigorous imprisonment for one month under Sections 366/511 of the IPC.

(3.) An FIR was lodged by the father of the victim girl on 14.03.2011, before the Officer-InCharge of Longai P/P under Karimganj Police Station alleging that on that day, at about 1/1.30 pm, when his daughter went to their vegetable garden to fetch vegetables, the accused appellant appeared there and made an attempt to have physical relation with her and when she resisted his approach, he assaulted her and made an attempt to abduct her by dragging. Based on the aforesaid FIR, GD Entry being Longai PP GDE No.253/2011, dated 14.03.2011 was made and on being forwarded registered as Karimganj PS Case No.123 of 2011, under Sections 354/323/366/511 of the IPC, dated 15.03.2011.