ABDUL SALAM, S/O LATE BASIR ALI, VILL. BATARASHI, P.S. KARIMGANJ, DIST.KARIMGANJ, ASSAM Vs. THE STATE OF ASSAM & ANR.

JUDGEMENT

(1.) This is an appeal against the Judgment and Order dated 18.09.2014 passed by learned Sessions Judge, Karimganj in Sessions Case No. 92/2011 whereby the accused/appellant has been convicted under Sec. 366(A) and 376 Penal Code and sentenced to undergo Rigorous Imprisonment for seven (7) years with a fine of Rs. 5000-/ (Rupees five thousand) only in default, Rigorous Imprisonment for six (6) months for his conviction under Sec. 366(A) I.P.C. He is also sentenced to suffer Rigorous Imprisonment for ten (10) years and fine of Rs.7,000.00 in default further Rigorous Imprisonment for ten (10) months for the offence committed under Sec. 366 Penal Code. Both the sentences, shall have stated to run concurrently.

(2.) Heard Mr. MU Mahmud, learned counsel appearing for the appellant. Also heard Mr. K Munir, learned Addl. Public Prosecutor, Assam.

(3.) The prosecution case in brief is that on 04.01.2010 the victim was spreading clothes on fencing of her house compound, the accused and his companion gagged her mouth forcibly put her in an auto rickshaw and took her to an unknown place where she was raped by the accused. Thereafter, she was brought and left on road near Settlement market. When she went on missing, her father (PW 3) went on searching and could locate her on settlement road. She was weeping. She reported that while she was spreading clothes, somebody touched her back and when she turned the person sprinkled dust in her eyes and thereafter the persons put her in an auto rickshaw and took her to a room. She was assaulted and sexually abused. After two days i.e. 06.01.2010, she saw the accused engaged in earth cutting work and informed her father who with help of others apprehended the accused and handed him over to police and lodged the FIR. On the basis of his FIR Karimganj Police Station Case No. 08/2010 under Sec. 366(A)/376/34 Penal Code was registered. During the investigation the victim was medically examined and her statement under Sec. 164 Cr.PC was also recorded. On completion of investigation charge sheet under Sec. 366(A)/376 Penal Code against the accused appellant was submitted.