(1.) This appeal is directed against the judgment and order dated 28.9.2005 delivered by Shri S.M. Haque, learned Addl. Sessions Judge, Jorhat in Sessions Case No. 26(J-J)/2005 corresponding to G.R. Case No. 826/03, whereby the accused Appellant was convicted under Section 376(1) read with Section 511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000 in default, to suffer rigorous imprisonment for another three months.
(2.) I have heard Mr. J.M. Choudhury, learned senior counsel assisted by Mr. B.M. Choudhury, learned Counsel for the Appellant and Mr. K. Munir, learned Addl. P.P., Assam.
(3.) The facts leading to filing of this appeal may be stated in brief, as follows: