MD. LIYAKAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr D. Nath, learned Amicus Curiae appearing for the accused appellant. Also heard Ms B. Bhuyan, learned Additional Public Prosecutor, Assam for the respondent State.

(2.) THIS appeal is directed against the Judgment and Order dated 05.02.2008 passed by the learned Sessions Judge, Darrang, Mangaldoi, in Sessions Case No. 33(DM -3)/97 whereby and whereunder the accused appellant was convicted under Section 366/376 IPC and sentenced to suffer Rigorous Imprisonment (RI) for five (5) years and to pay a fine of Rs. 5,000/ -( Rupees five thousand), in default, further RI for six (6) months with direction to pay the fine amount, if realized, to the victim as compensation.

(3.) IS the charge sheet. Ext. 4(1) is the signature of the I.O. 4. The offence being exclusively triable by the court of Sessions, the learned Judicial Magistrate 1st Class, Udalguri has committed the same to the court of learned Sessions Judge, Darrang, Mangaldoi wherein having found the prima -facie case made out against the accused person under section 366/376 of the IPC, the charge was framed accordingly. The charges so framed being read over and explained to the accused, he pleaded not guilty and claimed to be tried.