TaxTMI 
TaxTMI 
TaxTMI 
2009 (7) TMI 1352
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....go rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/-, in default to undergo imprisonment for another six months. However, the High Court reduced the sentence to four years and fine to Rs. 1000/-. 2. The facts and circumstances giving rise to this case are that the appellant Mussauddin Ahmed alias Musa allegedly abducted a minor girl namely Mira Begum on 7.1.1995 took her to a hotel and committed rape on her. 3. The victim PW.4 Mira Begum was working as a maid servant in the house of PW.2 Abdul Hai Laskar and his wife PW.3 Hasmat Ara Begum at Gandhibasti, under Paltanbazar Police Station, Guwahati. Appellant was a security guard in the house of one Imran Shah of that locality. The appellant and prosecutrix knew each othe....
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....."). 5. After completion of the investigation, PW.7 Kanak Ch. Das submitted charge- sheet against the accused under Section 366/342/376 IPC. 6. On committal of the case to the court of Sessions, charges under Sections 366/376 IPC were framed against the appellant. The appellant pleaded not guilty to the charge and hence trial commenced. 7. During the trial the prosecution examined seven witnesses including the Investigating Officer. The Trial court found appellant guilty of the offence punishable under Section 376 IPC and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/- in default to undergo imprisonment for another six months. 8. Being aggrieved the appellant preferred the appeal before the....
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....tement of the prosecutrix recorded under Section 164 Cr.P.C. revealed that she remained along with the appellant for a very long time and had been roaming in the city by rickshaw and buses. She went to the Hotel without any protest and accompanied the appellant to the room, spent the whole night with him, came out in the morning after checking out the hotel, traveled with him in a rickshaw from Hotel to Musafirkhana but did not raise any hue and cry or inform anybody that the appellant had misbehaved with her in any manner. Such conduct of the prosecutrix makes the prosecution case unbelievable. PW.1 Dr Pratap Ch. Sarma who medically examined the prosecutrix found that she was used to sexual intercourse and that there was no injury of any k....
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....t prosecutrix was 13/14 years of age. However, PW.3 Mrs. Hasmat Ara Begum kept silence on this point. There is nothing on record to show as on basis, PW.2 Abdul Hai Laskar had given her age. It appears very unnatural as none of the family members of the prosecutrix comes to the scene. Her parents or either of them or any other family member could be most reliable and natural witness on the point of her age. PW.2 Abdul Hai Laskar, in his examination in chief stated as under: "Later the girl's mother came and took her away. At present she is staying with her parents." 12. Thus, it cannot be assumed that prosecutrix did not have parents or other family members. Prosecution for the reasons best known to it examined her employer PW.2 Ab....
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.... previous evening, the accused appellant Musauddin Ahmed @ Musa entered into the house and forcibly abducted his maid servant." There had been material contradictions regarding the factual aspects of the incident itself. There is nothing on record to show or furnishing any explanation as to why the Investigating Officer did not seize any material objects like, clothes, blood samples etc. from the prosecutrix and the place of occurrence. PW.4 Mira Begum, prosecutrix has stated in her examination in chief as under: "He took me to a room at Paltan Bazar. There the accused forcibly tears open my clothes." 15. The torn clothes were not recovered by the Investigating Officer. The I.O. did not make any effort to take the semen, blood samples et....