SAMSUL HUSSAIN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Borpujari, learned Amicus Curiae appearing on behalf of the sole appellant. We have also heard Ms. S. Jahan, learned Addl. P.P., Assam appearing on behalf of the State. Mr. M. Ahmed, learned counsel has appeared for the respondent No.2/informant.

(2.) This Criminal Appeal from Jail is directed against the judgment and order dtd. 5/7/2022 passed by the learned Special Judge, Jorhat in Special Case No.34 of 2019 whereby, the sole appellant was convicted under Sec. 376 AB of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for a period of 20 years and also to pay fine of Rs.5000.00, in default, to undergo simple imprisonment for a period of one year.

(3.) The prosecution case, as unfolded from the materials available on record, in a nutshell, is that on 26/6/2019, the mother of the victim had lodged an ejahar before the Officer-in-Charge of Ladoigarh Police Outpost informing him that on 19/6/2019, she, along with her 12 years old daughter, had gone to the house of 'Bogai' at Holongapara. She had washed clothes in Bogai's house and thereafter, sent her daughter to fetch the clothes from the upper floor of the house. At that time, Md. Samsul Hussain committed rape on her daughter inside a large room located in the upper floor of the house. That day, her daughter did not say anything. On 26/6/2019, at around 4:00 p.m. when her daughter was playing, Samsul gave her Rs.20.00 and asked her to accompany him to the jungle. However, instead of accompanying Samsul she came running home and at around 7:00 p.m. her daughter had told her (victim's) sister-in-law, viz., Ms. Jerina Begum about the incident and Jerina informed her about the matter. When they asked Samsul regarding the incident, a chaotic situation arose. The public had apprehended Samsul and handed him over to the police.