TAZAMMAL HUSSAIN @ TAZAMIL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 10.04.2013, passed by the learned Addl. Sessions Judge, Goalpara, in Sessions Case No. 140/2012 under Section 376(1) IPC. By the impugned judgment and order, the learned Sessions Judge convicted the appellant for the offence under Section 376(1) IPC and sentenced him to suffer R.I. for 7 (seven) years and pay fine of Rs. 5,000/- (Rupees five thousand)- in default suffer R.I. for another period of 6 (six) months.

(2.) Heard Mr. MA Sheikh, learned counsel, appearing for the appellant. Also heard Ms. K. Devi, learned Addl. Public Prosecutor, Assam. Perused the records.

(3.) The prosecution case, in brief, is that on 18.02.2009 at about 7.00 p.m., when the victim girl, i.e. the daughter of the informant had gone out to attend the nature's call, the accused person forcefully dragged her, by gagging her mouth, to the nearby betel nut garden, wherein he committed rape on her twice and thereafter he, again, took her to his house and committed rape. On the next morning, the victim girl was thrown to the road in unconscious state. She took shelter in the house of Mr. Safikur Rahman (PW-2) to whom she had narrated the entire incident.