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2012 Supreme(Gau) 579

UJJAL BHUYAN
Md. Abdul Matin – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. M. Bhuyan, Advocate
For Respondents/Defendant: Mr. K. Munir, Addl. P.P, Assam

JUDGMENT

Ujjal Bhuyan, J.

1. This appeal has been filed against the judgment and order dated 30-08-2003 passed by the learned Adhoc Additional Sessions Judge, Karimganj in Sessions Case No. 25 of 1998 convicting the appellant u/s 354/457 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment (RI) for one year and fine of Rs. 500/- in default, to suffer RI for a further period of one month for the offence u/s 354 IPC and RI for 3 years and fine of Rs. 2000/- in default, to suffer RI for a further period of 3 months for the offence u/s 457 IPC, both sentences to run concurrently. The facts leading to the filing of this appeal may be briefly stated.

2. A first information was lodged before the Ratabari police station on 27.03.1994 at 2:20 am by one Md. Islam Uddin alleging that at about 1:00 am at night one Abdul Matin entered into the dwelling house of Siraj Uddin and attempted to commit rape on his sister Mustt. Mustafa Begum. On the basis of the same, Ratabari Police Station Case No. 75/1994 u/s 457/376/511 IPC was registered.

3. The police investigated the case and on completion of the investigation submitted charge-sheet against the accused Abdul Matin und



































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