ABDUL LATIF Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Crl. Appeal arises out of the Judgment and order dated 20.3.97 passed by the Addl. Sessions Judge at Nagaon in Sessions case No. 143(N-H)/96.

(2.) Prosecution case is that the victim girl Nazmun Nehar is the daughter of IKbal Ahmed of village Ramnagar No. 2 P.S. Lanka, District Nagaon, Assam. On 13.12.93 the victim girl was sleeping in her house at night when the four accused persons namely Abdul Latif, Majid Ahmed, Abdul Haque and Karamat Ali trespassed into her house and caught hold of her hands and legs. She raised alarm. One of the four accused persons gagged her mouth and the other three carried her out of the house. The victim girl was taken to the house of one Kutuman of village Somarali. There all the four accused persons committed sexual assault on her. She was kept for 3 days there and was subjected to such rape regularly by all the four accused person. Thereafter she was taken to the house of one Ali Ahmed and then she was removed to Dimapur. The victim girl was confined at Dimapur for three months and there also she was subjected to rape regularly by the accused persons. The matter some how came to the knowledge of the Muslim cultural organisation and they recovered the victim girl and put her into the custody of her father.

(3.) After three days of the incident, father of the victim girl lodged FIR with Police of Lanka P.S. He stated that as the villagers assured him of a village settlement, there was delay in informing the police. The victim girl was examined by the Doctor of Lanka PHC. According to the Doctor age of the victim girl was about 15 years and there was sign of rape.