JAMAL UDDIN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Hoque, learned counsel for the accused/appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment of conviction dated 16.09.2005 passed by the learned Additional Sessions Judge (Ad-Hoc), Barpeta in Sessions Case No.111/2003 (State of Assam-vs- Md. Jamaluddin). By the said judgment, the accused/appellant has been convicted u/s 376/511 IPC and he has been sentenced to undergo rigorous imprisonment for 03(three) years with fine of Rs.2000/- (rupees two thousand) and in default, further rigorous imprisonment for 02(two) months. Ever since the appeal was admitted, the accused/appellant is on previous bail vide order dated 23.11.2005 passed in Misc Case No.3518/2005.

(3.) The prosecution story in brief is that on 19.07.2003, the victim along with her mother and her cousin brother, who is the accused/appellant, had gone to the house of her maternal uncle at Barpeta. On the next date i.e. on 20.07.2003, her mother and the accused/appellant returned home. On the next date i.e. on 21.07.2003, he again came to the house of the maternal uncle and informed the victim about her mother's illness. Thereafter, both of them came back from the maternal uncle's house. While coming back, the accused took her towards Barpeta old Civil Hospital, but she went to the bus stand for Mandia from where she wanted to go on foot. But the accused objected to that and both of them boarded the boat of one Bilat Ali (PW-2). According to the prosecution story, when the boat reached 'Milijuli Ghat', the accused/appellant threatened her with an intention to commit the offence u/s 376 IPC and also assured her of marriage. When she refused to such proposal, the accused/appellant then threatened her with a Dao and Pistol. On raising hue and cry, the accused ran away. She informed the matter in her house, whereupon a village mell was called. But the accused remain absconded.