MOINUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.P.Deka, learned counsel for the appellant and Mr. F.H.Laskar, learned P.P.

(2.) This appeal is directed against the judgment and order dated 23.4.04 passed by the Ad-hoc Additional Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 28(DMFT) 03 (GR Case No. 172/02) convicting the accused appellant u/s 376(1) IPC and sentencing him to rigorous imprisonment for five years and to pay a fine of Rs. 5000/- in default to undergo further rigorous imprisonment for six months.

(3.) PW-1 Mustt. Jobeda Khatoon is young widow of 30 years and is the mother of three children. She used to live on begging and on the ill-fated day of 1.4.2002, she went to the village Bejinpur for begging. However, around mid-day while she was crossing the paddy field, it started raining and the accused appellant Moinul Haque who is a 'Mulla' by profession showed sympathy to her and offered to give her shelter and asked her to follow him. Jobeda believing the 'Mulla' followed him and when reached a jungle ditch, it is alleged that the accused appellant forcibly committed rape on her. Thereafter, the victim went to the Police Station and as the Officer-in-charge was not available, she was asked to come on the next day. The victim lodged FIR (Ext.1) whereupon police registered a case u/s 341/354 IPC and subsequently submitted charge sheet.