BHARAT KHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal has been preferred from jail by two convict appellants against the judgment and order dated 29.7.2008, rendered by the learned Addl. Sessions Judge (FTC) Dibrugarh in Sessions Case No.214 of 2006 convicting them under Section 376 (g) of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for 10(ten) years each and to pay fine of Rs. 1000/- each, in default for rigorous impriso-nment for another one month each.

(2.) I have heard Mr. P.D.Nair, learned counsel for the convict/ appellant No.1 and Mr. T H Hazarika, learned counsel appearing for convict appellant No.2. Also heard Mr. K Munir, learned Addl. Public Prosecutor, Assam, appearing for the Opposite Party.

(3.) THE law relating to conviction and sentence of accused person implicated in the rape case is that the evidence of the victim girl should be given maximum weightage and the conviction can be recorded solely on the basis of the evidence of the victim girl if the same is found to be consistent, reliable, sterling in nature and gaining confidence of the court. Along with the evidence of the victim girl, the medical evidence should also be considered and taken into account.