NITUL SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Nawaz, learned counsel for the appellant. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor for the State respondent and Mr. A. Ahmed, learned Amicus Curiae for the respondent No.2.

(2.) This appeal is directed against the Judgment and Order dtd. 29/8/2024 passed by the learned Sessions Judge, Kamrup, Amingaon in Sessions Case No. 95/2015, convicting the appellant under S. 376 of the Indian Penal Code, 1860 and sentencing him to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.25,000.00 (Twenty Five Thousand Rupees) in default to undergo simple imprisonment for another 6 (six) months.

(3.) The prosecution case as unfolded during trial in short is that one Kushal Deka on 22/3/2014 lodged an FIR before the O/C Sualkuchi P.S. against Nitul Sarmah and Debajit Sarmah inter alia stating that on 21/3/2014, at around 6.30 pm, the daughter of the informant 'X', aged 27 years along with one Putuli Deka had gone to the Sualkuchi market and at that time, they were kidnapped by the FIR named accused persons in a four wheeler vehicle and accused No.1 Nitul Sarmah with the assistance of accused No.2 committed rape upon his daughter and thereafter, left her at Sualkuchi Bhagyashree road in unconscious state. The informant accordingly prayed to take necessary action.