ABUL HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.R.Barbhuiya, learned counsel for the petitioner as well as Mr H. Sarma, learned Addl. Public Prosecutor, Assam, for the Respondent State.

(2.) This appeal has been preferred by the appellant against the judgment and order dated 20.8.2016 passed by the learned Sessions Judge, Hailakandi i n Sessions Case No.2/2014 convicting the appellant under Section 376 IPC and sentencing him to suffer rigorous imprisonment for seven years with fine of Rs.2,000/-in default to suffer another three months simple imprisonment.

(3.) The brief facts of the case is that one Moina Mia Laskar of village Kanchanpur Pt.II, filed a complaint in the Court of learned CJM, Hailakandi alleging that on 12.9.2013 at around 11 PM her minor daughter came out from her room to respond the call of nature and a t that time the accused appellant along with others suddenly came there armed with dagger and wrapped her face with a gamosa. They also snatched away her torch light and took her to the adjacent place and accused appellant raped her against her will. As the accused person threatened her to kill , she could not raise alarm. When the complainant started to search her then the accused fled away from the scene. On receipt of the complaint petition the same was forwarded to the O/C Hailakandi for investigation. Accordingly the O/C Hailakandi registered Hailakandi P.S.Case No.359/13 U/S 447/376/34 IPC.