MD DILWAR HUSSAIN S/O MUMTAZ ALI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Md Dilwar Hussain S/O Mumtaz Ali
STATE OF ASSAM
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Mir Alfaz Ali, J. -
(1.) This appeal is directed against the judgment and order dated 31/07/2015 passed by learned Addl. Sessions Judge, No. IV (FTC), Kamrup(M) in Sessions Case No. 92/2014. By the said judgment, learned Addl. Sessions Judge convicted the accused/appellant u/s 376 (2) (f) IPC and sentenced him to imprisonment for seven years and fine or Rs. 3,000/- with default stipulation.
(2.) As per prosecution case, on 14/02/2011, the accused Dilwar Hussain committed rape on the victim, who was a minor girl of 3 ½ years. The accused kept the victim in his room closing the door and when she came out, she was weeping. On being asked by the mother, she narrated the incident to her mother. Accordingly, mother of the victim lodged the FIR (EX- 2), on the basis of which, police registered a case and after ussaul investigation, submitted charge sheet against the accused/appellant u/s 376 (f) IPC.
(3.) The offence being exclusively triable by the court of Sessions, learned Magistrate committed the case to the Court of Sessions.;
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