HADI-UJ-ZAMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant herein stands convicted under Section 376 and 498A of the Indian Penal Code vide impugned Judgment and Order dated 12.1.2006 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 115(K) of 2004. On such conviction the appellant has been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 10,000/- under Section 376 IPC and another sentence of 2 years rigorous imprisonment with fine of Rs. 5000/- under Section 498(A) IPC. Both the sentences have been directed to run concurrently. Being aggrieved with the conviction and sentence the accused has preferred this appeal.

(2.) Heard Mr. A.K. Bhattacharyya, learned senior counsel for the appellant and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State. Also perused the impugned judgment and the prosecution evidence, given in the trial court. The defense case was of total denial and no evidence in defense was proffered in the trial court.

(3.) The offence of rape is against the maid servant, whereas, the offence of cruelty is against the wife.