UJJAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order dated 08-08-2006 passed by the learned Addl. Sessions Judge (FTC), Sonitpur, Tezpur in Sessions Case No.159 of 2005 convicting the appellant under Section 366(A)/376/420 IPC and sentencing him thereby to undergo rigorous imprisonment for 5 years with a fine of Rs.2000/- in default of fine, further rigorous imprisonment for 3 months for the offence under Section 366(A) IPC, imprisonment to 7 years and fine of Rs.3000/- in default, rigorous imprisonment of 6 months for the offence under Section 376 IPC and rigorous imprisonment for 3 years and fine of Rs.2000/- in default, further rigorous imprisonment for 2 months have been assailed in this appeal

(2.) I have heard Mr. TJ Mahanta, learned Amicus Curiae for the appellant and Ms. B. Saikia, learned Addl. Public Prosecutor appearing on behalf of the State of Assam.

(3.) ALTOGETHER 12 witnesses were examined by the prosecution. The victim (PW-1) and her mother (PW-2) in her evidence disclosed her age 14 years at the time of occurrence. PW-7, the doctor, who examined the victim, opined that age of the victim was above 16 years and below 18 years at the relevant time. Learned trial court appreciating the evidence on record held that the victim was around 16 years of age at the time of occurrence.