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2007 Supreme(Gau) 3

I.A.ANSARI
Md. Jakir Ali – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. By the impugned judgment and order, dated 21-6-05, passed, in Sessions Case No. 104(S-S)/2004, learned Additional Sessions Judge, Sivasagar, has convicted the accused-appellant under Sections 376 and 417 of the I. P. C. and sentenced him to undergo, for his conviction under Sections376, I. P. C., rigorous imprisonment for a period of seven years and pay fine of Rs. 5,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of one year and to suffer, for his conviction under Section 417, I. P. C., rigorous imprisonment for one year and pay fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month, both the sentences having been directed to run concurrently.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus : In the month of June or July, 2000, when AB, aged about 13 years and a daughter of PW1 and PW3, was alone at home, the accused, who was a visitor to the house of AB, came there and induced her to have sexual intercourse with him by making a promise to marry her. So induced by the promise of marriage made by the accused a










































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