ABDUL KARIM @ GATU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. Counsel assisted by Mr. Azad Ahmed appearing for the appellant and the learned Additional P.P., Mr. M. Phukan for the respondent State.

(2.) This appeal is directed against the judgment and order dated 09.10.2018 rendered by the learned Additional Sessions Judge, Bilasipara in Sessions Case No. 46/2016, whereby, the appellant was convicted under Section 376 (2)(1) IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 25000/- with default stipulation.

(3.) The prosecution case as unfolded at the trial, may, briefly, be stated thus - The victim in the instant case is a deaf and dumb girl of 22 years of age and she is the daughter of the informant. On 16.07.2013, at about 10.30 AM, the accused took the daughter of the informant to an isolated place on the back side of Moinamati building and committed rape on her. The incident was witnessed by Hemen Singha (PW-8) and Liton Das (PW-6). The father of the victim lodged an FIR on the same day at the Bilasipara Police Station, on the basis of which, police registered Bilasipara P.S. Case No. 650/2013 under Section 376 IPC and upon completion of the investigation submitted charge sheet against the appellant under Section 376 IPC.