ALJUL RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 10/2/04 passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. 70/2002 convicting the appellant u/s 376 IPC and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/- in default to undergo simple imprisonment for a further period of 3 months.

(2.) The prosecution case, in brief, is that on 2.10.01 the daughter of the informant alongwith another girl went to the river for fishing and at that time the accused came to the spot and brought the prosecutrix down on the ground and raped her. The girl who accompanied the victim informed Sri Petit Sheikh (DW 2) and also the victim's mother, PW-4. With that allegations, informant, P W6 lodged the FIR before Officer-in-charge, Kokrajhar Police Station on the basis of which police Case No. 168/01 u/s 376 IPC was registered against the present appellant. The police upon completion of the investigation submitted the charge sheet and since the case was triable by the Court of Sessions, the accused was committed for trial to the Court of the learned Sessions Judge, Kokrajhar. Accordingly, the Sessions Case No. 70/02 was registered and when the charge was explained, the accused pleaded not guilty and demanded trial. The learned Sessions Judge, thereafter, passed the aforesaid judgment of conviction and hence, the present appeal before this Court.

(3.) I have heard Mr. M.U. Mahmud, learned counsel for the appellant and Mr. B. Singh, learned Public Prosecutor, Assam.