MD. SIRAJ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5.10.2005 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 47 (S-S) of 2005.

(2.) Heard Mr. C. Bhattacharee. learned Atnicus Curiae and Mr. B. Gogoi, learned Additional Public Prosecutor, Assam. I have also perused the impugned judgment and prosecution evidences adduced by the Trial Court.

(3.) The prosecution case is that on 6.11.2004 at about 3.30 p.m. while the informant's nine year old daughter was catching fish, the appellant suddenly grabbed her since the place was lonely and no other person was nearby. Alter grabbing the girl she was pulled down on the ground with an attempt to sexual intercourse with the girl. However, hearing outcry of the victim girl her cousin and sister came running to the place of occurrence and thereafter accused fled away from the scene. However, he was chased and apprehended by the villagers and handed over to the nearby police outpost.