NUR MOHAMMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a jail appeal, preferred by the accused-appellant from Central Jail, Nagaon, vide his application dated 22.7.2016, against the judgment and order, dated 15.7.2015, passed in Sessions Case No.354(N)/2011, convicting the accused appellant under Section 376 of the Indian Penal Code, and sentencing him to rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 2,000/-, in default, to undergo rigorous imprisonment for another two months.

(2.) The victim, Ms. X, is the daughter of P.W. 1, aged about 13 years, was raped by the appellant Md. Nur Mohammad, aged about 58 years. On commission of repeated rape, the victim got pregnant and, ultimately, gave birth to a female child. While she was pregnant for about 25/26 weeks, she informed her mother about the commission of rape by the accused/appellant and, her mother, in turn, informed her father, the P.W.1. The accused is a relation of the victim and used to frequent to their house. The house of the accused is near to that of the victim.

(3.) On the basis of such facts, P.W. 1 lodged the FIR with the Mowamari Police Outpost on 22.4.2011. The FIR was forwarded to the Samuguri Police Station for registration of a case by the in-charge of the aforesaid police outpost. Accordingly, Samuguri Police Station registered a case, being No.253 of 2011, under Section 376/493 of the Indian Penal Code, and entrusted the investigation of the case to S.I. of Police, Shri Jagat Chandra Das. On completion of the investigation, the police filed charge-sheet against the accused under Section 376 of the Indian Penal Code.