STATE OF ASSAM Vs. AYUB HUSSAIN MANDAL

JUDGEMENT

(1.) Heard Shri J.R. Saikia, learned Public Prosecutor for the appellant and Sri N. Mahammad, learned counsel for the respondent accused.

(2.) This appeal under Sec. 378(1), CrPC is directed against the Judgment and order passed on 25.1.1995 by the Assistant sessions Judge. Dhubri in Sessions Case No. 86/92 whereby the respondent accused Ayub Hussain Mandal was acquitted of the charge under Sec. 376/511 I.P.C. The prosecution story of the case in brief is that Sarifa Khatoon, an young girl aged about 10 years, was serving as a maid servant in the house of the accused Ayub Hussain Mandal, and on the ill fated day, while the girl was returning home after completing her duties in the house, the accused accompanied her on the plea that he will escort her to the house and on the way, dragged her to a near by paddy field and ravished her. The accused had gagged the mouth of the girl by putting handkerchief, but she somehow managed to remove the same and raised hue and cry whereupon the villagers, including the brother of the victim, arrived at the place of occurrence and accused fled away. The girl reported the matter to the above persons and parents. The matter was informed to the police and after usual investigation. Police submitted charge -sheet and charge under Sec. 376/511 was framed. During trial, prosecution examined as many as 7 witnesses including Doctor, I.O. The defence examined 4 witnesses. On conclusion of the trial, the learned Judge vide impugned order acquitted the accused person and hence, the present revision.

(3.) Before proceeding to consider the evidence and materials on record, we would like to recapitulate the scope and ambit of power of the High Court in an appeal against the order of acquittal. On consideration of the various decisions of the Apex Court, this Court in the case of State of Assam v/s. Radha Oil Industries and Anr. reported in, (1987) 1 GLR 134 held as follows : -