BUDHAY ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order dated 29.05.2018 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 50/2015. By the said judgment and order, the accused-appellant has been convicted under Section 376, Indian Penal Code (IPC) and he has been sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 3,000/- (Rupees ten thousand), in default, to undergo rigorous imprisonment for further 2 (two) months. It has been observed that the period of detention already undergone by the accused-appellant, during investigation and trial, shall be set-off from the sentence.

(2.) I have heard Mr. R Deb, learned Amicus Curiae for the accused- appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State.

(3.) Mr. Deb, learned Amicus Curiae has submitted that the prosecution has miserably failed to bring home the charge against the accused-appellant in any manner and the learned trial Court by an erroneous reading of the evidence brought in the record of the case, has arrived at the finding of guilt against the accused-appellant. He further submits that none of the witnesses, other than the victim, had witnessed the incident. In so far as the testimony of the victim is concerned, he submits that her testimony is full of inconsistencies and in view of such glaring inconsistencies, no reliance can be placed on it and based on such testimony, the accused-appellant could not have been convicted.