MD. MATIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.11.2006 passed by the learned Sessions Judge, Nagaon in Sessions Case No.324(N)2005 convicting the accused appellant of offence under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and a fine of Rs.3,000/- in default, to simple imprisonment for three months for the offence aforesaid.

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

(3.) DURING trial, the prosecution has examined 9 witnesses. The statement of the accused person under Section 313 CrPC was recorded. The accused plea was of total denial. However, on being required, he did not adduce any evidence. Learned trial Court, on conclusion of the trial and after hearing the counsel for the parties, held the accused guilty of offence under Section 376 I.P.C. and convicted the said accused and sentenced him to punishment as aforesaid.