MUSTAFA HUSSAIN Vs. STATE OF ASSAM
LAWS(GAU)-2018-5-76
HIGH COURT OF GAUHATI
Decided on May 16,2018

MUSTAFA HUSSAIN Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This appeal is filed from the jail by the accused-appellant, Mustafa Hussain, challenging the judgment and order, dated 07.07.2017, passed by the learned Additional Sessions Judge, FTC, Nagaon, Assam in Sessions (T2) Case No. 20(N)/2008 convicting and sentencing him to rigorous imprisonment for 8 (eight) years and a fine of Rs. 5,000/-, and in default of payment of fine, rigorous imprisonment for another 6 (six) months.
(2.) The fact giving rise to the prosecution case is that on 31.05.2007, while the informant/PW3 was away from her house, the accused-appellant went to her house, caught hold of her minor daughter, aged about 12 years, took her to the nearby paddy field and committed rape on her there. He also tore her wearing clothes. The nearby people recovered her from the paddy field in a fainted state and took her back to her house.
(3.) The informant/PW3 lodged the FIR, on the above facts, with the Rupahihat Police Station. The Rupahihat Police Station registered a case on the said FIR, investigated into it, collected evidence, and finally, submitted charge-sheet against the accused-appellant under Section 376 of the IPC.;


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