MD. HASSEN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 6.3.2007 passed by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No.69(DM)/2003 convicting the accused-appellant under Section 366A of the Indian Penal Code and sentencing him to suffer R.I. for 7 years and to pay a fine of Rs.3,000/- in default to payment of fine to suffer R.I. for another 6 months for the offence aforesaid.

(2.) BEING aggrieved by and dissatisfied with such a judgment, the accused appellant has preferred this jail appeal.

(3.) SINCE the offences under Section 366 A /376 IPC are exclusively triable by the Court of Sessions, the learned Magistrate, before whom charge sheet was so laid, committed the case to the Court of Sessions for disposal in accordance with law. Learned Sessions Judge after commitment of the case and after hearing the parties, framed charge under Section 366/34 IPC against both the accused persons and the charge, so framed, on being read over and explained to both of them, they pleaded not guilty and claimed to be tried.