MOHAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The above cited appeals are directed against the judgment and order, dated 05.09.2009, passed by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldai, in Sessions Case No. 58 (DMFT) of 2006. As both the appeals have arisen out of the same judgment and order, based on the same set of facts and evidence, for the sake of convenience and as agreed to by the learned Counsel, appearing for both the parties, we have heard both the appeals together and propose to dispose of the same by this common judgment and order.

(2.) The prosecution case, in brief, is that, on the night of 31.08.2005, at about 7 P.M. the appellants trespassed into the house of the informant and kidnapped his minor daughter (PW-1) with intent to have sexual intercourse with her. The victim girl was taken to village Bahgauda, in a boat and in the boat itself, she, was raped by appellant Faizul and thereafter, she was taken to the house of Ms. Chandbhanu, situated in No. 2 Cheetkaguri village, where from she was rescued by her father, uncle and other members of the family, in presence of the Gaonburha. The victim's father Md. Tabibur Rahman (PW-2) lodged the First Information Report (for short, FIR), on 02.09.2005, with Police. On receipt of the FIR, Police registered a case under Sections 448, 342 and 376 read with Section 34 of the Indian Penal Code (for short, IPC) and launched investigation into the matter.

(3.) At the close of the investigation, Police submitted charge-sheet under Sections 448/342/366A and 376 read with Section 34 I.P.C. and forwarded the accused persons to the court of Sessions to stand trial.