AMU MIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 07.12.2001, passed, in Sessions Case No. 10/2001, the learned Sessions Judge, Karimganj, has convicted the accused-appellant under Sections 366 and 376 of the Indian Penal Code and sentenced him, for his conviction under Section 366 of the Indian Penal Code, to suffer rigorous imprisonment for 3 (three) years and pay a fine of Rs. 3,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a further peiriod of 3 (three) months and also to suffer, for his conviction under Section 376 of the Indian Penal Code, rigorous imprisonment for 7 (seven) years and pay fine of Rs. 5,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 (Six) months with direction that both the sentences shall run concurrently and the fine shall, if realized, be paid to the victim woman.

(2.) The case of the accused-appellant, as unfolded at the trial, may, in brief, be described thus: The first informant's married daughter, 'S' was at the house of her father, on 25.07.1999, and on that day, at about 9/ 10 P.M., when 'S' was cooking rice, the accused, accompanied by two or more persons, entered into the kitchen of the said house, gagged 'S' and took her away from her father's house. After around 3 (three) days after the disappearance of his daughter, 'S', from his house, when she could not be recovered, the informant lodged a missing entry with the police. For about a week, the accused alongwith his associates kept shifting ' S' from one place to another, but did not allow her to go away. During her such confinement, the accused, once, committed rape on 'S'. Thereafter, the accused brought'S' to' Karimganj Bus Stand and left her, on 04.08.1999, there. From the said Bus Stand, 'S's father sent 'S' alongwith her cousin to her father's house and also lodged a written Ejahar. Based on this Ejahar and treating the same as the First Information report, a case was registered against the accused under Sections 366,376 and 379 of the Indian Penal Code. On completion of investigation, the police laid charge-sheet against the accused under Sections 366,376 and 379 of the IPC.

(3.) To the charges framed against him, art the trial, under Sections 366,376 and 379 cf the IPC, the accused pleaded not guilty.