SAMIRAN BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. Abedin, learned counsel appearing for the appellant and Mr. P. C. Gayan, learned P. P. Assam

(2.) THIS Criminal appeal has been directed against the judgment and order dated 21. 2. 2006 passed by the learned Sessions Judge, Darrang, Mangaldai in Sessions Case No. 81 (DM)/05 whereby the appellant was found to be guilty of abetment and accordingly she was convicted under Sessions 342/109/376 IPC and sentenced to undergo Rigorous Imprisonment (for short R. I) 3 (three) years 6 (six) months with a fine of Rs. 1000. 00, in default R. I. for one month under Section 109/376 IPC. She was also convicted under Section 342 IPC and sentenced to R. I. for 6 months. Both the sentences were ordered to run concurrently.

(3.) THE prosecution case in brief is that an FIR was lodged on 16. 7. 2004 with Dalgaon Police Station by one Rahima Khatun, wife of Miyar Ali P. W. 4 alleging inter-alia that on 11. 7. 2004 at about 12. 00 noon while she was away from home, the accused Samiran took her ten year old daughter, P. W. 1, the victim girl, to her house and detained her in a room by locking the door from outside. It was reported by her daughter that the accused Jahir Ali who was inside the room caught her and by showing a dagger committed rape upon her.