MD. NURUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Purkayastha, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. P.P. for the respondent.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/11/2010 passed by the learned Sessions Judge, Karimganj, in Sessions Case No. 80/2009, convicting the appellant under Sec. 354/34 IPC and sentencing him to undergo rigorous imprisonment for two years and under Sec. 457/34 IPC and sentencing him to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs.1,000.00 with default stipulation.

(3.) The genesis of the case was that on the midnight of 11/9/2007, two persons, Md. Nurul Haque and a child in conflict with law (CICL for short) knocked the informant's door and called out her husband's name. When the informant heard them, she could recognise them and sensing trouble, she answered that her husband was not at home and she also questioned about their intention for visiting her late at night as the visitors were well aware that her husband was not at home. Both the accused named in the FIR then broke into her house by smashing the window panes on the northern side of the informant's house and attempted to commit rape on her. When the informant screamed, the neighbouring people arrived and the accused persons fled the scene. The informant then could recognize the accused persons through the flash of her torchlight. After a telephonic conversion with her husband and on his approval, she went to the police station and lodged the FIR, which was registered as Patharkandi P.S. Case No. 144/2007, under Ss. 457/376 read with Ss. 511/34 of the Indian Penal Code (IPC for short). The Investigating Officer (I.O. in short) embarked upon the investigation. He recorded the statements of the witnesses and forwarded the victim for medical examination and for recording her statement under Sec. 164 of the Code of Criminal Procedure (Cr.P.C for short).