MD MAINUL HAQ Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of conviction dated 15. 7. 2005 passed by the learned Assistant sessions Judge Nalbari in Sessions Case No. 26/2004 by which the learned Trial Court convicted and sentenced the appellant to undergo imprisonment for 8 years under section 376, I. P. C. together with a fine of rs. 2,000 in default to suffer another 6 months RI.

(2.) THE appellant being aggrieved by and dissatisfied with the judgment and order of conviction as aforesaid this instant appeal seeking setting aside and quashing of the judgment so rendered by the learned Trial court has been filed.

(3.) CRIMINAL law was set in motion by the victim with the lodgment of an F. I. R. (Ex. 1)before the Station House Officer of mukalmua Police Station on 23. 9. 2003 contending inter alia that she was in love with the appellant and the appellant used to visit their residence regularly for the last four years and in one day the appellant forcibly raped her. As a result she became pregnant. While she was carrying four months pregnancy she informed the appellant that she was carrying and requested him to marry her. Accordingly on 14. 9. 2003 accused took her to their residence and kept her in the courtyard and fled away therefrom. The family members of the appellant did not allow her ingress rather forcibly driven her out from their campus. The matter was brought to the notice of village elders. A village "mel" was accordingly convened but the appellant did not make his presence available rather kept himself in concealment.