I.A.ANSARI
Rafique Uddin – Appellant
Versus
State of Assam – Respondent
I.A. Ansari, J.
1. Two warring parties, with the intervention of the wiser men in their society, have decided to burry their enemical relation and live as good-friends and peace-loving co-villagers. This is the backdrop of the application, which has given rise to the Criminal Misc. Case No. 410/2007.
2. Let me, first, set out the facts, which have given rise to this application. One Ayub Ali lodged a First Information Report with the police alleging, inter alia, that on 4.9.1997, at about 1:00 am, accused Rofique Uddin, Nejir Uddin, Mujib Uddin and Atabur Rahman, armed with various weapons, came to the house of the informant, knocked at the door of the house and as soon as the door was opened by the informant, the accused entered into the house, assaulted the informant by means of a dragger, caught hold of his daughter, HK, and dragged her out of the house with a view to forcibly committing sexual intercourse with her, but they, eventually, failed and fled away from the scene. This FIR led to the registration of a case under Sections 457/376/511/324/34 of the Indian Penal Code ('the IPC'). On completion of investigation, police laid charge sheet accordingly.
3. During trial, a
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