SHIYAB UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 07.06.2014 passed by the learned Additional Sessions Judge, (FTC) Karimganj in Sessions Case No.47/2011, convicting the accused appellant under Sections 367(2)(f)/511 of the IPC and sentencing him to undergo rigorous imprisonment (RI for short) for seven years and a fine of Rs. 35,000/-.

(2.) Heard Ms. Mona Mallik, learned Amicus Curiae appearing for the appellant. Also heard Mr. N Kalita, learned Additional Public Prosecutor, Assam for the State respondents.

(3.) The prosecution case in brief is that an ejahar was lodged by one Abdul Hannan on 22.02.2011 stating that on 21.02.2011 at about 5 P.M., in the evening his 11 years old daughter had gone out to bring back the cows from the field. When the cow had returned back but his daughter did not return along with the cow, the informant went out looking for his daughter and started calling her by her name. Then the informant saw the accused person coming out of the jungle and was running away. Thereafter informant had seen his daughter, who was crying. The daughter of the informant told him that the accused person by showing fear upon her with a dao had forced her inside the jungle and raped her by gagging her mouth.