NAZIMUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr HRA Choudhury, learned senior counsel for appellant. Also heard Mr B Sarma, learned additional public prosecutor.

(2.) This appeal is directed against the judgment and order dated 17.12.2013 passed by the learned Assistant Sessions Judge, Karim-ganj in sessions case 86/ 2013 whereby the appellant is convicted u/s 376(1) of the IPC and sentenced to rigorous imprisonment for 8 years with a fine of Rs 5,000 and in default to rigorous imprisonment for 6 months.

(3.) The prosecution case arose from a complaint filed by one Moriom Bibi alleging inter alia that the accused/appellant taking advantage of her absence committed rape on her minor daughter and as a result of which her daughter gave birth to a baby girl who however expired after 28 days. On the basis of the said complaint a case was registered against accused and after due completion of investigation charge sheet was submitted against accused u/s 376 of the IPC. The case was committed to the Court of Sessions and accordingly the learned trial court framed charge under Section 376(1) of the IPC which was explained to the accused who pleaded not guilty.