DONBOR SYNGKLI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appeal arises out of a judgment of conviction of October 19, 2022 and the consequent sentence passed on the same day imposing 15 years of rigorous imprisonment together with a fine of Rs.50,000.00 for the appellant being found to have committed an offence punishable under clauses (a) and (f) of Sec. 376(2) of the Penal Code, 1860.

(2.) Two principal grounds have been urged on behalf of the appellant. The appellant claims that since the act complained of took place in the year 2007 and prior to the 2013 amendment to, inter alia, Ss. 375 and 376 of the Penal Code, it is the previous definition of "rape" in Sec. 375 of the Penal Code as it stood then that would govern the matter. The further case of the appellant is that he has been wrongly found guilty under clause (a) of Sec. 376(2) of the Penal Code.

(3.) There is no dispute as to the age of the minor girl who is said to have been nine years of age at the time of the incident.