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Crl.A.(J) No.62/ 2015. Case: Sahnaz Uddin Laskar Vs The State of Assam. Guwahati High Court

Judgment Cited in Precedent Map Related
Case NumberCrl.A.(J) No.62/ 2015
CounselFor Appellant: Mr. R. Dey. Amicus Curiae, Adv. and For Respondent: Ms. Shamima Jahan, Addl. Public Prosecutor.
JudgesN. Chaudhury, J.
IssueIndian Penal Code - Sections 459, 457, 326; Code of Criminal Procedure - Sections 357A
Judgement DateThursday September 01, 2016
CourtGuwahati High Court

Judgment:

N. Chaudhury, J.

  1. The appellant in this case was convicted under Section 459 of the Indian Penal Code in Sessions Case No.187/2013 of the Court of learned Sessions Judge, Cachar at Silchar by judgment and order dated 05.05.2015 and sentenced to suffer imprisonment for life and also to pay a fine of Rs.20,000/-, in default, to undergo rigorous imprisonment for further two years. This judgment and order has been challenged in the present appeal.

  2. The prosecution story as made out in the ejahar is that one Smti. Dulua Rabidas lodged written ejahar with the Officer-in-charge of Sonai Police Station on 17.11.2006 alleging that Md. Sahanaj Uddin Laskar entered inside the house by opening the door forcibly at 1.30 a.m. of the same night and searched for Anita Rabidas, aged about 13 years, for having sexual intercourse. As he did not find her in the house he dragged the younger daughter of the informant who was aged about 9 years forcibly and by taking her outside dealt repeated cut blows on her with two daggers injuring her in her abdomen whereupon her intestine came out. Police registered Sonai Police Station Case No.326/2006 under Sections 457/326 of the Indian Penal Code and started investigation.

  3. The injured was sent to hospital for treatment, sketch map of the place of occurrence was prepared, statements of the witnesses were recorded and thereupon the investigating officer filed charge-sheet on 28.02.2007 in the Court of learned Judicial Magistrate First Class, Silchar. The learned Magistrate by order dated 16.12.2013 committed the case to Court of Sessions and thereupon Sessions Case No.187/2013 in the Court of learned Sessions Judge, Cachar at Silchar was registered. The learned Sessions Judge framed charge under Section 459 of the Indian Penal Code. The charge was read over to the accused whereupon he pleaded not guilty and claimed to be tried.

  4. In course of trial prosecution examined as many as eleven witnesses whereas defence examined three witnesses. Considering the materials placed on record by the parties the learned trial Court was of the view that the accused is guilty of committing offence under Section 459 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs.20,000/-, in default, to undergo rigorous imprisonment for further two years. The learned Sessions Judge also directed the District Legal Services Authority under Section 357A of the Code of Criminal Procedure to adequately compensate the victim.

  5. We have heard Mr. R. Dey, learned Amicus Curiae for the appellant and Ms. Shamima Jahan, learned Additional Public Prosecutor. We have also perused the evidence on record.

  6. In this case informant died after filing of the ejahar and before the trial was commenced. One Lakhia Rabidas was examined as PW...

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