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2021 Supreme(Gau) 163

MIR ALFAZ ALI
Rajib Bordoloi – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
B.C. Das, Advocate, B.B. Gogoi, Advocate

JUDGMENT

Mir Alfaz Ali, J. - This appeal is directed against the judgment and order dated 01.11.2019 passed by the learned Additional District & Sessions Judge, FTC, Nagaon, in Sessions (T2) Case No. 129/2009. By the said judgment, the accused appellant was convicted under Section 366/376 (1)/323 IPC and sentenced to rigorous imprisonment for seven years and fine of Rs. 2,000/- with default stipulation under Section 366 IPC, rigorous imprisonment for 10 years and fine of Rs. 5,000/- with default stipulation under Section 376 (1) IPC and rigorous imprisonment for 6 months under Section 323 IPC.

2. As per the prosecution case, on 23.10.2008, at about 10 PM at night, the accused appellant accompanied by three others came to the house of the victim and forcibly kidnapped the victim, who was aged about 17 years at the time of occurrence. The appellant and his companion ravished the victim repeatedly and they also assaulted the victim causing multiple injuries. Thereafter on 26.10.2008, at about 4 AM in the morning, they have left the victim at Bharaguri, where after she came home and the FIR (Ext.1) was lodged by the father of the victim, on the basis of which, police registered a case be

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