MD JAMIRUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mrs. A. Devi, learned Amicus Curiae representing the appellant from the jail. Also Mr. P. C. Gayon, learned P. P. , Assam.

(2.) THIS Criminal Jail Appeal has been directed against the judgment and order dated 10-2-04 rendered by the learned sessions Judge, Sivasagar in Sessions Case No. 59 (S-S)/2003 whereby the appellant was found to be guilty of commission of offence of rape upon the victim, prosecutrix, P. W. 4 and accordingly, sentenced him to undergo rigorous imprisonment for 10 years by convicting him under Section 376 (2) (f), I. P. C.

(3.) THE prosecution case in brief is that an FIR was lodged on 24-10-02 by P. W. 1, the father of the victim, Md. Gyasuddin ahmed with Sivasagar police station being registered as Sivasagar P. S. Case No. 401/ 2002 under the above mentioned Section alleging inter alia that his daughter P. W. 4 while going to School at about 9 a. m. , on the same day, i. e. on 24-10-2002, she went to purchase "hajmola" from the stationary shop owned by the accused/appellant who at that time was in the shop and accordingly, he lured her to go inside the shop and subjected her to sexual intercourse. Thereafter, she attended her class and during recess when she came home, she narrated the incident to her parents. She was immediately taken up to the School Head Master pw 3 who refused to interfere with the matter since it was a personal matter of the informant. Then the father PW 1 took her to the village Headman and then to Sivasagar police Station to lodge the F. I. R. .