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2006 Supreme(Gau) 520

I.A.ANSARI
Prakash Nath – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. By the judgment and order, dated 30.06.04, passed in Sessions Case No. 188/2001, the learned Assistant Sessions Judge, Sonitpur, has convicted the accused-appellant under Section 376(2)(g) of the IPC and sentenced him to undergo rigorous imprisonment for seven years with a fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month.

2. The case against the accused-appellant, as unveiled at the trial, may, in brief, be described thus: The victim, 'D', aged about 20/21 years, who is the daughter of the first informant 'B', came from the house of her parents, who live at Rangapara to Koliabor to attend a wedding. On 12/02/99, D's maternal uncle took her from Koliabor to Tezpur, at about 11-00 a.m., by a bus and at Tezpur, D's uncle made her board into a bus, which was to proceed to Balipara and asked the driver of the bus i.e., accused Anand Mandal to drop 'D' at Balipara. In the said bus, accused Prakash Nath (i.e., the accused-appellant) was a handyman (i.e., helper). The bus reached Balipara with 'D' as one of its passengers at about 3-00 p.m. On being asked by accused Anand (since absconder) to go

























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