(1.) THIS criminal appeal preferred under Section 374 Code of Criminal Procedure 1973, is directed against judgment and order dated 23.02.2010/24.02.2010, passed by learned Sessions Judge, Shillong in Sessions Case No. 15 of 2007, whereby, the trial court has convicted the accused John R Marak (present appellant) under Section 376 IPC, and sentenced him to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 10,000/ -. The trial court has further directed that in default of payment of fine, the accused shall undergo further imprisonment for a period of six months.
(2.) HEARD learned counsel for the appellant and learned counsel for the State, and perused the lower court record.
(3.) IT appears that after giving necessary copies to the accused John R Marak, as required under section 207 of CrPC, and after hearing on charge, learned Sessions Judge framed charge of offence punishable under Section 376 IPC against the accused John R Marak on 28.11.2007. In response to which, the accused pleaded not guilty and claimed to be tried.