BABUL BANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 04.11.2012, passed by the learned Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 39(DM)/1999, convicting both of them under Sections 366/34 IPC and sentencing them to rigorous imprisonment for 7 (seven) years with a fine of Rs. 5,000/- each, in default, rigorous imprisonment for another 6 (six) months.

(2.) AGGRIEVED by the aforesaid judgment, Sri Babul Bania and Sri Dilip Bania preferred these appeals citing several infirmities in the judgment aforementioned. While, Mr. Babul Bania had preferred this appeal from jail, Shri Dilip Bania was enlarged on bail during the pendency of present appeal suspending the judgment impugned as far as Sri Dilip Bania is concerned.

(3.) THE brief facts necessary for disposal of the present appeals are that during the time relevant, the prosecutrix was a student of H.S. 1st year class studying in Sipajhar Higher Secondary & Multipurpose School, Sipajhar. On 31.10.1998, at about 8.30 AM, she was proceeding to school in her bicycle. As she reached Puranbari, Sipajhar, she met the accused Babul Bania who stopped her and threw her bicycle to the side of the road and thereafter dragged her to an Ambassador car which was parked at a place not far away there-from.