ABDUL KAMAL ALIAS KAMALUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, herein, has been convicted under Section 376 of the Indian Penal Code, vide Judgment and Order dated 31.05.2007, passed by the learned Assistant Sessions Judge, Karimganj, in Sessions Case No. 51 of 2003, whereby the petitioner has been sentenced to undergo 7 (seven) years RI with fine of Rs. 5,000/- (Rupees Five Thousand) and in default, RI for another 1 (one) year. THE said Judgment was challenged in appeal. THE appeal of the accused, being Criminal Appeal No. 14 (2) of 2007, was also dismissed on 27.05.2007. Hence, this Criminal Revision by the convict.

(2.) I have heard Sri M H Rajbarbhuiyan, learned counsel for the petitioner. Also heard Sri B S Sinha, learned Additional Public Prosecutor for the State of Assam. I have also perused the impugned Judgments and the evidence proffered by both the prosecution and the accused in the trial Court.

(3.) DURING the trial, the prosecution examined only 5 (five) witness, including the Medical Officer and the Investigating Officer. PW-1 is the victim woman; PW-2 is the victim's sister-in- law and PW-3 is the victim's husband. No independent witness was examined by the prosecution.