BHAITI ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge in this Criminal Appeal is the judgment and order dated 28. 1. 2002 passed in Sessions Case No. 75 (K)/98 by the learned adhoc additional Sessions Judge, No. 2, Kamrup, Guwahati, convicting the accused appellant under Sections 376/511 IPC and sentencing him to undergo R. I. for 5 (five) years and to pay fine of Rs. 1,000/- in default further R. I. for 3 months.

(2.) I have heard Mr. S. R. Bhattacharjee, learned Sr. Counsel for the appellant and Mr. K. Munir, learned Addl. Public Prosecutor for the state.

(3.) THE prosecution case, as unfolded, inter alia is that on 28. 10. 93 in the evening at about 6. 30 P. M. , the accused allured the minor daughter of the informant aged about 10 years and tried to rape her. The accused allured the minor offering her to provide some chocolates and took her to a nearby school wherein, he undressed himself and also undressed the victim girl and tried to rape her. The victim girl, PW 3 having raised hue and cry, the accused fled away. The information about the occurrence was lodged by PW 1, the mother of the victim girl, who was informed by her daughter about the occurrence. The FIR was lodged on the same day with Satgaon Police Outpost wherein the police taking note in general diary, being G. D. Entry No. 628 forwarded the same for registration to Noonmati wherein it was registered as Noonmati P. S. Case No. 176/93 under Sections 376/511 IPC Ext. 2 is the said FIR.