PRABIN DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. T.J. Mahanta, leaned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned APP, Assam. This appeal is directed against the judgement of conviction dated 8.2.2006 passed by the learned Sessions judge, Golaghat in Sessions Case No. 162/2003 convicting the appellant under Section 376 and 417 IPC with the sentence of RI for 5 years and 1 year respectively with the further penalty of fine of Rs. 5,000/ - and in default RI for further 1(one) year. In the impugned judgement and conviction, no separate sentence under Section 417 IPC has been passed.

(2.) ACCORDING to the prosecution story, the appellant committed the offence under Section 376(1) IPC on the victim girl in the first part of the year 2002. She gave birth to a male child on 10.8.2003.

(3.) ON receipt of the charge sheet by the SDJM(M), Dhansiri, Sarupathar on 22.9.2003, the case was committed to the Court of Sessions for trial vide order dated 22.9.2003. The learned Sessions Judge framed charge under Section 376 and 417 IPC. The appellant having pleaded not guilty of the charges framed against him, the criminal proceeding started, in which the prosecution examined 7 (seven) witnesses including the IO.