AINUL HOQUE @ INUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal is directed challenging the judgment and order dated 25.1.2002 passed by the Additional Sessions Judge (Ad hoc), Darrang, in Sessions Case No. 48 (D) 2001, convicting and sentencing the accused appellant under Section 376, IPC, to undergo RI for eight years and to pay a fine of Rs. 3,000.00 in default further RI for six months.

(2.) The prosecution case as unfolded, inter alia, is that three and half year old minor daughter of the informant A. Rahman, while was playing outside the compound of his house, she was allured by the accused appellant to his room and committed rape on her and at that stage, the wife of the informant and the mother of the victim girl PW-1, entered the room of the accused in search of her daughter and saw the occurrence and rescued victim girl from the clutches of the accused. The PW-1 informed about the incident to her husband and heir husband PW-2 lodged an FIR before the Burah Out Post on 21.04.97. No action having been taken by the police thereon, he lodged another information to the Superintendent of Police, Darrang, on 29.4.97. On the basis of the instruction given on the body of the said information by the Superintendent of Police, Darrang to the Officer In-Charge, Sipajhar Police Station to register a case, the Sipajhar PS. Case No. 53/97 under Section 376, IPC, was registered against the accused treating the said information as an FIR.

(3.) Her vulva is reddened, swollen and no other mark of violence on her private parts.