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2011 DIGILAW 321 (GAU)

Siraj Ali v. State of Assam

2011-04-07

B.D.AGARWAL

body2011
1. This appeal is directed against the judgment and order dated 5.10.2005 passed by the learned Sessions Judge, Sivasagar in Sessions Case No.47(S-S) of 2005. 2. Heard Mr. C. Bhattacharjee, learned counsel for the amicus curiae and Mr. B Gogoi, learned additional public prosecutor, Assam. I have also perused the impugned judgment and prosecution evidences adduced by the trial court. 3. The prosecution case is that on 6.11.2004 at about 3.30 p.m. while the informant's nine year old daughter was catching fish, the appellant suddenly grabbed her since the place was lonely and no other person was nearby. After grabbing the girl she was pulled down on the ground -with an attempt to sexual intercourse with the girl. However, hearing outcry of the victim girl her cousin and sister came running to the place of occurrence and thereafter accused fled away from the scene. However, he was chased and apprehended by the villagers and handed over to the nearby police outpost. 4. On the same evening FIR was also lodged, whereupon a case under section 376 read with section 511, IPC was registered. After investigation charge sheet was submitted and the accused was tried and accordingly he has been convicted for the offence of attempted rape. After his conviction the accused/appellant has been sentenced to rigorous imprisonment for 10 years with fine of Rs.2,000, in default of payment of fine further rigorous imprisonment six months has been awarded. 5. Being aggrieved with the conviction and sentence the accused has preferred this appeal from the jail. 6. From the evidence of the victim girl I find that only she was grabbed and pulled down on the ground. In other words, neither accused removed his clothes nor that of the victim girl. However, all the remaining witnesses were reported by the victim girl that the accused had attempted to molestate her. Besides that evidence also shows that the victim girl was alone near a river for the purpose of catching fish and as such the appellant must have grabbed the girl with ill motive to sexually ravish her. 7. For the foregoing reasons, the conviction of the appellant under section 376 read with section 511, IPC is hereby affirmed. However, keeping in mind that no positive act of sexual assault was committed by the accused, the sentence is reduce to 5 (five) years rigorous imprisonment. 7. For the foregoing reasons, the conviction of the appellant under section 376 read with section 511, IPC is hereby affirmed. However, keeping in mind that no positive act of sexual assault was committed by the accused, the sentence is reduce to 5 (five) years rigorous imprisonment. At the same time, the appellant appears to be a daily wage earners. Hence, sentence of fine is also set aside. Since the appellant has completed sentence of five years he shall be set at liberty forthwith, unless wanted in any other case. 8. In the result, the appeal stands dismissed subject to the modification in the sentence. Registry is directed to release the order accordingly. 9. The learned amicus curiae shall be entitled to fee of Rs.5,000 for rendering his services in the appeal. 10. The Registry is directed to return the LCR with a copy of this judgment to the court below forthwith.