TAFIZ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. S. Choudhury, learned senior counsel assisted by Mr. R. Ali, learned counsel representing the Appellant No. 1 as well as Mr. A. K. Purkayastha, learned counsel appearing on behalf of Appellant No. 2 and Mr. K. A. Mazumdar, learned Public Prosecutor, Assam.

(2.) THIS criminal appeal is directed against the Judgment and Order dated 26. 7. 2000 passed by the learned Assistant Sessions Judge, No. 1, Kamrup, Guwahati in Sessions Case No. 109 (K)/96 whereby both the appellants Nos. 1 and 2, Md. Tafiz Ali and Ibrahim Ali respectively were convicted under Sections 366 (A)/34 IPC and 448 IPC and accordingly sentenced to undergo rigorous imprisonment for 7 years and also to pay fine of Rs. 300/- respectively and in default further rigorous imprisonment for 1 month each. The Appellant No. 1, Tafiz Ali was also found guilty of offence of rape committed upon PW 2 and accordingly he was convicted under Section 376 and also sentenced to undergo rigorous imprisonment for 7 years. Both the sentence inflicted upon the Appellant No. 1 should run concurrently.

(3.) THE prosecution case in brief is that an FIR was lodged with Garoimari Police Outpost by P. W. 1 on 13. 5. 95 alleging that on 4. 3. 95 at about 7. 00/8. 00 P. M. when P. W. 1's minor daughter, P. W. 2 aged about 13/14 years was missing from house, although he lodged information in the police outpost at Garoimari at 5. 3. 95, later on he came to know from reliable source that on very same day the accused, namely, Md. Tafiz Ali enticed his minor daughter aged about 13/14 and eloped with her and accordingly his daughter was concealed somewhere. It was also alleged in the FIR itself the involvement of other persons, namely, (1) Md. Johuruddin, (2) Mafiz Ali and (3) Nayan Ali.