NOOR HUSSAIN LASKAR, SON OF LATE M. ALI LASKAR, R/O BARGOLAI, P.O. AND P.S. TINSUKIA, DIST. TINSUKIA, ASSAM Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The judgment of conviction of the accused/petitioner U/s.354/293 Penal Code recorded by the learned Trial Court in G.R.Case No. 425/01 and affirmed in appeal by the learned Additional Sessions Judge No.II, Tinsukia in Criminal Appeal No. 23(2) 2004 are the subject matter of challenge in this revision.

(2.) The factual backgrounds of the case in a nut shell are that on 03.11.2001, the victim, PW 6 had gone to the house of the accused petitioner, namely, Md. Noor Hussain Laskar, who is a teacher to attend her tuition class along with her classmate, Amrit Tamang. Since the other students did not come, tuition class was not held and when Amrit Tamang and the victim was about to come back, the accused petitioner caught hold of her hands and gave her a book and warned her not to disclose about the same to her parents.

(3.) On the next day, some other students of the School saw the book inside her School bag and they raised hue and cry. Some other teachers including Kamala Thappa, teacher came to know about it and when they questioned the girl, she disclosed that the book was given to her by the accused person. The student of the School assaulted the accused person.