MAKIBUL ISLAM S/O MUKSHED ALI Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-16
HIGH COURT OF GAUHATI
Decided on February 16,2018

Makibul Islam S/O Mukshed Ali Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is a criminal appeal, filed under Section 374(2) of the Cr.PC, against the judgment and order, dated 30.1.2014, passed by the learned Additional Sessions Judge No. 4, (FTC), Kamrup, Guwahati, in Sessions Case No. 197(K)/2012, convicting the accused-appellant under Sections 448/354 of the IPC and sentencing him to rigorous imprisonment for 1 month under Section 448 of the IPC and also rigorous imprisonment for 1 year with a fine of Rs.2,000/-, in default of payment of fine, simple imprisonment for another 1 month for offence under Section 354 of the IPC. Both the sentences were ordered to run concurrently.
(2.) I have heard learned counsel Mr. S.C. Biswas, assisted by Ms. J. Bora, learned counsel for the accused-appellant. Also heard Mr. B.J. Dutta, learned Additional Public Prosecutor for the state respondent.
(3.) The fact leading to the prosecution case is that, on 2.3.2012, at about 2:30 pm, while the parents of the victim were not available in her house, the accused-appellant went to the house of the victim, a 11 years old girl, and outraged her modesty by pressing her breast as well as attempting to commit rape on her person pulling her on a bed and trying to put off her pant.;


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