JOYNAL UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. Agarwal, learned Counsel for the appellant and Ms. B. Bhuyan, learned Additional PP, Assam for the respondent.

(2.) THIS criminal appeal has been filed against the judgment and order dated 28 -04 -2012 passed by the learned Sessions Judge, Crim inal Appeal N o.117/ 2012 P age 1 of 14 Karimganj in Sessions Case No.85/2009 convicting the accused/appellant u/s 376(1)/511 IPC and sentencing him to undergo rigorous imprisonment (RI) for a period of five years with fine of Rs.5000/ -, in default, to undergo further RI for a period of six months.

(3.) PW 1 as the first informant lodged information before the Officer -in -Charge, Patharkandi Police Station on 21 -08 -2009 alleging that at about 7 am on 19 -08 -2009, his minor daughter, aged about 12 years, had gone to the jungle for collection of herbs to prepare medicines. She was alone. One unidentified person alongwith the accused accosted her and wanted to have physical relation with her by proposing marriage. When she refused, the accused and the unidentified person threatened her by showing a "dao" and tied her to a tree. With intention to commit rape, her wearing apparels were torn and force was used on her causing injuries. When she raised hue and cry, nearby "jhum" cultivators came to the place of occurrence and rescued his daughter. The accused could be identified. Though a village meeting called "bichar" was held on the following day, the matter could not be settled. Hence the first information. The same was treated as FIR and on the basis of the same, Patharkandi PS Case No.120/2009 u/s 342/325/376/511 IPC was registered.