MANAS RANJAN JAINA Vs. STATE

JUDGEMENT

(1.) By the present appeal Manas Ranjan Jaina challenges the impugned judgment dated 7th July 2001 whereby he is convicted for the offences punishable under Sections 366/376 Penal Code and the order of sentence dated 9th July 2001 whereby he is sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000.00 for the offence punishable under Sec. 376 Penal Code and rigorous imprisonment for a period of 3 years and a fine of Rs. 5,000.00 for the offence punishable under Sec. 366 IPC.

(2.) Assailing the conviction, learned counsel for the appellant submits that there are contradictions in the statement of the prosecutrix recorded by the police and her deposition in the Court. The prosecutrix had a relationship with the appellant, thus, the act was consensual. In the alternative, it is prayed that the appellant be released on the period already undergone.

(3.) Per contra, learned APP for the State submits that the impugned judgment suffers from no illegality and considering the seriousness of the offence and the minimum sentence prescribed, the appellant be not released on the period undergone.