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2004 Supreme(Gau) 496

P.G.AGARWAL
Samsul Haque @ Samsul Alam – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.M. Mazumdar and B.K. Mahajan, Advs.
For Respondents/Defendant: P.P.

JUDGMENT

P.G. Agarwal, J.

1. Heard Mr. A.M. Mazumdar, learned senior Counsel for the Appellant and Mr. F.H. Laskar, learned Public Prosecutor.

2. This appeal is directed against the judgment and order dated 10.3.2003 passed by the learned Addl. Sessions Judge, (Ad-hoc), Barpeta in Sessions case No. 218/2000 whereby the accused Appellant was convicted and sentenced.

3. In Sessions case No. 218/2000 the Appellant before us Samsul Haque @ Samsul Alam was tried for commission of the offence under Section 366A and 376 IPC on the allegation that on 20.8.1997, the Appellant induced Smt. Saniyara Khanom P.W. 6 to leave the custody of her parents with the intention to force her to illicit intercourse and thereafter committed rape on her. During trial, prosecution examined as many as 7 witnesses and on conclusion of the trial, the learned trial court of the Addl. Sessions Judge (Fast Track Court) convicted and sentenced the accused Appellant and hence the present appeal.

4. P.W. 6 is the alleged victim Saniyara Khanom and she has deposed that on the night of occurrence at about 11.30 P.M. she went out to obey nature's call and her mother and sister-in-law accompanied her and while she was there t








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