RAHIZUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 7.7.2001 passed by the learned Sessions Judge, Barpeta in Criminal Appeal No.2 of 2001 affirming the sentence passed by the trial Court wherein the petitioner was convicted under section 376 IPC and sentenced to seven years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, further rigorous imprisonment for one year.

(2.) On 31.7.95 at 4 PM, while Golapjan Nessa a teenaged girl of 7/8 years was working in the field, the present accused-petitioner Rahijuddin caught hold of her and forcibly committed rape, whereupon the girl shouted for help. Her mother Joygan Nessa PW 2 who was working in the field nearby, came to the place on hearing her shout for help and she saw the accused indulging in the act. She tried to catch the accused but he pushed her and fled away. The girl was brought home and the matter was reported to informed. The victim girl was removed to the hospital and was examined by the Doctor and the police was also informed.

(3.) So far the incident is concerned, there is evidence of the victim PW1 and her mother PW 2. They have categorically implicated the petitioner who is a co-villager and the matter was immediately reported to PW 3 and PW 4. PW 5 is the Doctor who has examined the injured and found as follows