BIJOY SING DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J.C. Barman, leaned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned APP, Assam. I have also perused the entire materials on record.

(2.) THIS appeal is directed against the judgement of conviction dated 22.9.2009 passed by the learned Additional Sessions Judge, FTC No.3, Kamrup, Guwahati in Sessions Case No. 276(K)/2007, by which the appellant has been convicted under Section 376 IPC with the sentence of 7 years RI with a fine of Rs. 10,000/ - and in default to undergo RI for another one year. The compensation amount is to be paid to the victim girl as per the provision of Section 357(c) Cr.P.C.

(3.) MR . Barman, learned counsel for the appellant submits that the impugned judgement is not sustainable, inasmuch as, the alleged victim girl was a consenting party. He submitted that the purported promise to marry her is not based on any evidence.