SHYAMRAJ Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentences passed by the learned Sessions Judge, A and N Islands, in Session case No. 22 of 1991 (Session Trial No. 1st of September, 1994).

(2.) The ld. Session Judge has found the appellant guilty of the offence under S. 363/376(2)(b) of the IPC and convicted him thereunder and sentenced him to suffer rigorous imprisonment for 10 years for the offence under S. 376(2)(b), IPC and to pay a fine of Rs. 2000/- i.e.; to R.I. for six months more. The learned Session Judge has also sentenced him to suffer 3 years rigorous imprisonment and pay a fine of Rs. 1000/- i.e. to R.I. for 3 months more for the offence under S. 363, IPC. The two sentences are to run concurrently. The learned Session Judge has found the appellant not guilty of the offence under S. 307, IPC and acquitted him thereunder.

(3.) Being aggrieved by and dissatisfied with the judgment and order of conviction and sentence passed by the ld. Session Judge, the appellant has preferred this appeal. His main contention is that he is innocent and he has been falsely implicated in this case and he has been illegally found guilty of the offences under S. 376(2)(b) and S. 363 of the IPC. The appeal is hotly contested.