MD. ABDUL ALI AND ANOTHER Vs. THE STATE OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
Md. Abdul Ali And Another
The State Of Assam And Others
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AJIT SINGH,J. -
(1.) AND ORDER - The two appellants - Abdul Ali and Samir Ali - have been convicted under Section 376(2)(g) of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 50, 000/- each, or in default, to undergo six months rigorous imprisonment. By the same judgment, the trial court has acquitted co-accused Joynal Abedin of the charge under Section 120B of the Indian Penal Code. One another co-accused Mustafizur Rahman has also been discharged of the offence under Section 120B of the Indian Penal Code by the trial court under section 227 of the Code of Criminal Procedure, 1973.
(2.) On the date of incident, the prosecutrix was aged 20 years and a teacher in the Chikanmati Tea Estate Line No. 2 School under Dalgaon Sialmari Elementary Education Block of District Darrang.
(3.) According to the prosecution case, the prosecutrix had two friends, namely, Marami Das (PW-6) and Jitumani Deka. All of them were teachers. The prosecutrix taught in the school mentioned above, whereas her friends taught in another school in the same Tea Estate, which was at a distance from the school of prosecutrix. The prosecutrix and her two friends made it a point to travel together for their schools every morning in a bus. They would get down from bus at the gate of Tea Garden and then walk together upto a particular point from where the prosecutrix would walk for one more kilometer to reach her school, while her friends would ride bi-cycle to reach their school. They followed the same practice, while returning home from their schools and would also co-ordinate their timing, in this regard, by talking over their mobile phones.;
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