JAINAL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Islam, learned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam.

(2.) The appellant Md. Jainal Haque having been convicted under Section 458/506 IPC and sentenced to undergo RI for 3 years and fine of Rs. 1,000/- under Section 458 IPC and RI for one year under Section 506 IPC vide judgment and order dated 13.12.2002 passed by the learned Ad-hoc Addl. Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 40(DMFT)/2002 has preferred this appeal under Section 374 of the Cr.P.C.

(3.) The facts of the prosecution in brief are that on 8.4.2002 at 1:30 A.M. the accused Md. Janinal Haque, driver of one Sri Dipam Kalita of Dipila entered into the house of Smti. Subhadra Devi and turned out two of her guest by threatening them with dire consequences and then committed rape on her daughter Miss. Manjula (the real name withheld), aged about 15 years old. The mother of the victim Subhadra Devi lodged the FIR on 9.4.2002 before the in-charge Pathorighat O.P. and the same was forwarded to Sipajhar P.S. which was registered as Sipajhar P.S. Case No. 43/ 2002 under Section 458/376/506 IPC against the present accused appellant. During investigation the victim girl was medically examined by the Doctor at Mangaldoi Civil Hospital. She was also produced before the learned SDJM (S) Mangaldoi for recording her statement under Section 164 Cr.P.C. After completion of investigation and collection of the medical report, the Investigating Officer submitted charge-sheet and the offence under Section 376 IPC being exclusively triable by the Court of Sessions, the learned Court below committed the case to the Court of Sessions, Darrang, Mangaldoi. The learned trial Court framed charge under the aforesaid sections which was read over and explained to the accused that pleaded not guilty and claimed to stand the trial.