ABDUL KADIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B.S. Basumatary, learned counsel for the appellant. Also heard Ms. B. Saikia, learned APP, Assam. I have also perused the entire materials on record.

(2.) THIS appeal is directed against the judgement of conviction dated 17.8.2006 passed by the learned Additional Sessions Judge (Adhoc), Hojai, Sankardev Nagar, in Sessions Case No. 250(N)/2005, by which the accused appellant has been convicted under Section 376 and 454 IPC and sentencing him to undergo RI for 7 years with fine of Rs. 2,000/- for the offence under Section 376 IPC and SI for one year with fine of Rs. 500/- for the offence under Section 454 IPC. In default, to pay the fine, the appellant is to undergo further RI for 30 days and SI for 15 days respectively.

(3.) ON the basis of the said FIR, Hojai PS case No. 84/2005 was registered under Section 454/376 IPC. In due course, investigation was carried out and the statement of the victim girl was recorded under Section 164 Cr.P.C. On conclusion of the investigation, police submitted charge sheet and thereafter the trial Court framed the charge under Section 454/376 IPC. During trial, the prosecution examined 5(five) witnesses including the victim girl. However, the IO could not be examined as he was lying seriously ill. The statement of the accused-appellant was also recorded under Section 313 Cr.P.C.