INDIRA SHAH, j. - (1.) The judgment and order dated 12.11.2014 passed by learned Sessions Judge, Karimganj in Sessions Case No. 63 of 2012 is under Challenged.
(2.) The appellant and two others were prosecuted for the offences under Section 366/34 IPC. The appellant further faced the trial for the offence alleged to be committed by him under Section 376 (1) IPC. While the other two accused were acquitted of the charge framed against them under Section 366 read with Section 34 IPC., the appellant was held guilty and accordingly convicted for the offence under Section 366 as well as 376 (1) IPC and he sentenced to undergo R/I for 7 years with fine of Rs.2,000/-, in default, further R/I for 2 months for his conviction under Section 366 IPC. He was further sentenced to undergo R/I for 10 years and to pay a fine of Rs.5,000/-, in default of payment of fine further R/I for 6 months for his conviction under Section 376 IPC. Both the sentence were said to run currently.
(3.) The prosecution case, in brief, is that on 22.04.2000 at about 07.00 AM., the victim 13 years of age accompanied by her younger brother went to attend private tuition in the house of one Bhola Deb Choudhury. They were supposed to go to their school after the tuition but after tuition the victim told her brother that she would not go to school. Victim's brother saw her talking with the accused. He, however, leaving her, went to his school. The victim did not return home. Mother of the victim lodged the FIR against the appellant Abdul Salam and Riaz Ali. The accused Abdul Salam along with the victim was apprehended by Patherkandi Police on 07.05.2000. Accused Riaz Ali was arrested on 25.04.2000 and then accused Babul surrendered himself before the Police. During the investigation, the victim was medically examined and her statement under Section 164 Cr.P.C., was also recorded. On completion of investigation police submitted Charge-Sheet under Section 366 (A)/376 IPC against the accused persons.;