(1.) THIS appeal is directed against the judgment and order, dated 12.6.2009, passed by the learned Additional Sessions Judge (F.T.C.), Bongaigaon, in Sessions Case No.75 (B.G.N.)/2008. By the impugned judgment and order, the learned Addl. Sessions Judge convicted the appellant under section 376(1) of the Indian Penal Code,(for short, 'IPC') and sentenced him to undergo simple imprisonment for eight years and pay fine of Rs.5000/-, in default to undergo simple imprisonment for another period of six months.
(2.) I have heard Mr D.R. Gogoi, learned counsel, appearing for the appellant and Mr B.S. Sinha, learned Addl. Public Prosecutor, appearing for the Respondent State.
(3.) THE prosecution examined as many as nine witnesses including the Medical Officer and the Investigating Police Officer. At the close of the evidence of the prosecution, the accused person was examined under Section 313 CrPC. He denied the allegations ,brought against him and declined to adduce defence evidence.