JIAUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Hussain, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent.

(2.) This is a Criminal Revision Petition filed against the Judgment and Order of conviction by both the Courts of Assistant Sessions Judge, Morigaon as well as Sessions Judge, Morigaon. By Judgment and Order dtd. 12/8/2011, the learned Assistant Sessions Judge, Morigaon convicted the petitioners under Sec. 376 IPC read with Sec. 511 IPC and sentenced the accused persons for Rigorous Imprisonment for 4 (four) years each with a fine of Rs.2,000.00 and in default of the payment of fine Simple Imprisonment for 2 (two) months each. The said conviction and sentence of the petitioners was challenged before the learned Sessions Judge, Morigaon by filing a Criminal Appeal being Crl.A.No. 25/2011, who after hearing the learned parties upheld the conviction order passed by the Assistant Sessions Judge, Morigaon and also the sentence imposed upon them vide Order dtd. 28/4/2012. Against the said conviction and sentence, the instant Criminal Revision Petition is preferred by the petitioners for setting aside of the same, under Sec. 401 of Cr.PC. FACTS

(3.) The FIR dtd. 6/7/2009 lodged by the victim reveals that on the same day at around 1:30 p.m, the accused persons restricted her on the public road while she was on her way back from College, gave bad signal and pulled her on the said road, due to which the victim alleged that her modesty was lost. She also stated in the FIR that the petitioners ran away when she raised hue and cry and that she has witness to the incident. On receipt of the said ejahar, the Police registered the same under Sec. 341/354/34 IPC. The Police thereafter conducted the investigation, got the statement of the victim recorded under Sec. 164 Cr.PC, got the victim examined by the Doctor and on a prayer to add Sec. 376 of the IPC, which was allowed by the Trial Court, the Police submitted the Charge-sheet against the petitioners under Sec. 341/376/34 IPC. Thereafter, on completion of the necessary requirements, the learned Trial Court framed the charge against the petitioners under Sec. 376 of the IPC read with Sec. 511 of the IPC and conducted the trial.