SRI HARE KRISHNA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 04.08.2009, passed by the learned Additional Sessions Judge (FTC), Kamrup, in Sessions Case No. 342(H)/2008, convicting the accused -appellant under Sections 376, IPC and 323, IPC and sentencing him to suffer, for his conviction under Section 376, IPC, rigorous imprisonment for a period of 7 years and pay fine of Rs. 10,000/ - and, in default, suffer rigorous imprisonment for one month with further direction that the amount of fine shall, if realized from the convicted person, be paid to the victim girl as compensation, and also sentencing the accused -appellant, for his conviction under Section 323, IPC, to suffer rigorous imprisonment for a period of one month. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(2.) DURING trial, charges, under Section 376 and 323, IPC, were framed against the accused. To the charges, so framed, the accused pleaded not guilty.

(3.) I have heard Mr. P. Kataki, learned counsel for the accused - appellant, and Mr. D. Das, learned Additional Public Prosecutor, Assam.