RAJ HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.11.2014 passed by the learned Additional Sessions Judge, Goalpara, in Sessions Case No. 14/13 whereby the appellants, two in number, were convicted under Section 376/34IPC and sentenced to suffer rigorous imprisonment for 7(seven) years each and to pay fine of Rs.5,000/- each and, in default, to further undergo rigorous imprisonment for another period of 6 months. By the said judgment, the fine amount, if so realized, was directed to be paid to the victim girl.

(2.) One Md. Abdul Hail Bhuyan filed an Ejahar (Ext.-l) before the Officer-in-charge, Goalpara Police Station on 03.11.2009 stating that his niece, who will be referred to as "X", who is aged about 15 years, had gone missing from home from 30.10.2009 and while making enquiries, came to learn on that day that at around 9-00 P.M. of 02.11.2009 police had recovered her along with the two appellants at a place called Agia Solmari. It is further stated that on coming to the Police Station, he could learn from his niece that at around 6-00 P.M. of 02.11.2009, the two appellants had, forcefully and against her wish, raped her in the midst of "Salbagan" of Khoridhora and, thereafter, were moving around with her on a bike when police apprehended them.

(3.) On the basis of the Ejahar, Goalpara Police Station Case No.438/2009 under Sections 376/34IPC was registered and police started investigation.