ABDUL KALAM @ KALAMONI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 15.03.2004, passed by the Sessions Judge, Karimganj, in Sessions Case No. 61/1999, convicting the accused-appellant, Abdul Kalam @ Kalamoni along with one Mista Namasudra, under Sections 457 and 342 read with Section 34 IPC and also under Section 376(2)(g) IPC and sentencing him (the present appellant) to suffer, for his conviction, under Section 457 read with Section 34 IPC, rigorous imprisonment for a period of two years with fine of Rs. 500/- and, in default in payment of fine, suffer rigorous imprisonment for a period of 6 months and also to suffer, for his conviction under Section 342 read with Section 34 IPC, simple imprisonment for 3 months and to further suffer, for his (present appellant's) conviction under Section 376 (2)(g) IPC, rigorous imprisonment for a period of 5 years with fine of Rs. 500/- and, in default thereof, undergo rigorous imprisonment for a period of 6 months, all these sentences of imprisonment having been directed to run concurrently making it clear that the provisions of set off, as embodied in Section 428 CrPC, shall remain available to the convicted persons.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(3.) THE defence, while cross-examining PW1, did not dispute the fact that the injuries aforementioned were found on the person of PW8. The fact, therefore, that the injuries, as described above, were found on the person of PW8, remained undisputed and unchallenged.