HIFJUR RAHMAN ALIAS SIJU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.2.2001 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 30/97.

(2.) In Sessions Case No. 30/97, as many as, 10 persons were tried for the offence under Section 397/395/323/34 IPC and under Section 376(2) (g) IPC. During trial prosecution examined 10 witnesses and on conclusion of the trial, vide impugned judgment and order,. the trial Court convicted and sentenced the seven accused appellants for the offence under Section 397 IPC and recorded separate conviction under Section 3 76 PC against Hifjur Rahman @ Siju and Abdul Jalil. The remaining accused have absconded during trial and the matter was kept pending against them.

(3.) Prosecution allegation, in brief, is that in between the night of 1.8.92 and 2.8.92 some miscreants armed with wepons etc. entered into the house of Durga Pada Chakrabarty by opening door. Thereafter the accused persons committed dacoity after assaulting the inmates and keeping them confined. The trunks lying in the house were broken and the ornaments were forcibly taken. Two of the accused appellants thereafter committed rape on the two young inmates, namely, Rupali Chakrabarty, P.W.-3 and Jhilmil Chakrabarty, P.W.-4. Thereafter on FIR being lodged police registered a case and after usual investigation submitted charge-sheet against the accused appellants along with others.