AJAHAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10. 3. 2005 passed by the learned Additional Sessions Judge (Ad hoc) Barpeta in Sessions Case No. 50/2004 convicting the accused appellant under Sections 376/448 IPC and sentencing him R. I. for 5 (five) years and a fine of Rs. 1,000/- and in default R. I. for 3 (three) months under Section 376 IPC and R. I. for one month under Section 448 IPC.

(2.) THE prosecution case may be stated in brief thus-

(3.) ONE Md. Anowar Hussain filed a complaint case on 20. 3. 2003 before the learned Chief Judicial Magistrate, Barpeta, alleging that on 16. 3. 2003 at about 9. 00 a. m. accused Md. Ajahar Ali @ Ashraf Ali trespassed into his house and committed rape on his wife Musstt. Abeda Khatun. Hearing her cries his sister Johela Khatun came and saw the incident and informed the same to the neighbours. By then, the accused fled the scene and took shelter in the house of one Akash Ali, a co-villager. The father of the accused assured to settle the matter with the help of village headman and due to steps taken towards that end there was a delay in filing the complaint petition. The said complaint petition filed by the victim's husband was forwarded to the O. C. , Barpeta Police Station and accordingly a case being Barpeta P. S. Case No. 137/06 was registered under Sections 447/341/354/376/506 IPC and on completion of investigation the Investigating Officer filed charge-sheet against the accused person under Sections 448/376 IPC. The offence under Section 376 IPC being exclusively triable by the Court of Sessions the same was committed to the Court of learned Sessions Judge, Barpeta by the learned Chief Judicial Magistrate, Barpeta. Accordingly on appearance of the accused before the trial Court charges were framed against him and the same was read over and explained to him to which he pleaded not guilty and claimed to be tried.