MD. HARUN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. Choudhury, learned counsel for the accused- appellant. Also heard Mr. Z. Kamar, learned PP, Assam. I have also considered the entire materials on record.

(2.) THIS appeal is directed against the judgement and conviction dated 10.12.2009 passed by the learned Sessions Judge, Sonitpur in Sessions Case No. 123/2004, convicting the accused-appellant under Section 376(1) IPC and sentencing him to undergo RI for 7 years with fine of Rs. 3,000/- and in default to undergo RI for further 3 months. The accused-appellant has also been convicted under Section 457 IPC to undergo RI for 1 year with a fine of Rs. 1,000/- and default to further undergo RI for one month. Crl. Appl. 5 of 2010 Page 1 of 4

(3.) DURING trial, the prosecution examined 9 witnesses including the IOs and the Medical Officer. It will be pertinent to mention here that while the FIR was lodged on 6.5.2004, the statement of the victim under Section 164 Cr.P.C. was recorded on 10.5.2004. In her 164 Cr.P.C. statement, the victim did not say anything about the commission of the offence on her, punishable under Section 376 IPC. Her only statement was the accused-appellant entered into her house on 5.5.2004 and gagging her mouth also tied her hands from behind. Thereafter, she was made to drink something and she became senseless. In her said testimony, she also stated that her wearing clothes were missing. Her children put the clothes back. In the said statement, she also stated about the surgery / operation on her body about few days back.