ANOR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. NS Laskar, learned counsel for the appellant and Mr. H.K. Sarma, learned Addl. Public Prosecutor for the respondent.

(2.) This appeal is directed against the judgment and order passed by learned Sessions Judge, Hailakandi in Sessions Case No. 39/2007, whereby the learned Sessions Judge convicted the appellant under Sections 417 IPC and sentenced him to rigorous imprisonment for 1 (one) year and to pay fine of Rs. 10,000/- (Rupees ten thousand) with default stipulation.

(3.) A complaint was lodged by the alleged victim/complainant (PW-1) before the Chief Judicial Magistrate, alleging that the accused was his cousin brother and used to visit her residence frequently. The appellant proposed to marry her, which was turned down by the complainant. Thereafter on 09-11-2005 at about 10/11 O' lock at night when the victim went out of the house to attend the call of nature, the appellant along with the other co-accused Namor Ali and Sipat Ali dragged her to the field by gagging her mouth, and the appellant committed rape on her twice and then he took her to the house of his maternal uncle, where all the four accused persons named in the complaint forced her to marry the appellant. She spent the night in the house of her maternal uncle, where also the accused forcibly subjected her to rape several times and she was also pressurized to marry the appellant. On the following day, the FIR named accused Namor and Sipat Ali took away the complainant on the pretext of resolving the matter after few days, but later on, they did not turn up and therefore, an FIR was lodged on 13.11.2005. The officer in charge of the police station did not take any action and therefore, the instant complaint was lodged before the Chief Judicial Magistrate on 05-01-2006. On the basis of the said complaint, the learned Magistrate took cognizance and having found prima facie materials of commission of offence triable by the Court of Sessions, committed the case to the learned Sessions Judge, Hailakandi. After commitment of the case, the learned Sessions Judge framed charges u/s 366/376 IPC, to which the appellant pleaded not guilty.