ROBIYAL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel appearing for the appellant. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam representing Respondent No.1 as well as Mr. S. Nawaz, learned counsel appearing for the Respondent No.2.

(2.) This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973 against the judgment and order dtd. 15/6/2023 passed by the learned Special Judge, Bongaigaon in Special (P) Case No.6(BGN) of 2022.

(3.) On 24/11/2021, the informant Dilbar Sheikh (PW-2) had lodged a written FIR before police that on 23/11/2021 at about 7 P.M., while his daughter PW-1 was washing her feet by the side of the tubewell at his residence, the present appellant and one unknown person forcibly took her to the banks of the river Ghutoni and committed rape upon her. On the basis of the said FIR, police registered the Bongaigaon P.S. Case No.962/2021. The PW-1 i.e. the victim also gave a statement before a Magistrate under Sec. 164 CrPC. She stated before the Magistrate, inter alia, that the present appellant had assaulted her and also raped her. She also stated before the Magistrate that when she started to shout and raised a holler, the appellant ran away.