BIPUL MILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23.08.2012 passed by the learned Sessions Judge, Dhemaji, in Sessions Case No.141(DH)/2011, convicting the accused appellant under Section 366, 376(I) of the IPC and sentencing to suffer rigorous imprisonment (RI for short) for seven years and to pay fine of Rs.10,000/ - in default RI for another 6 months, for each count.

(2.) I have heard Ms. S Sarma, learned Amicus Curiae appearing for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam for the State respondents.

(3.) ON receipt of the FIR, Police registered a case being Gogamukh PS Case No.123/2011 under Section 366(A) IPC and started investigation. During the course of investigation, the Investigating Officer (IO for short) got the victim girl examined by a Doctor and also got recorded her statement under Section 164 Cr.P.C., by a Judicial Magistrate. After completion of investigation, the IO submitted charge sheet against the accused under Section 366(A) and 376 of IPC.