PRAN KRISHNA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This case has assumed importance not only due to the gravity of the offence but also due to gross negligence of the prosecution in conducting the trial of an offence of attempted sexual assault upon a deaf and dumb girl.

(2.) The appeal is directed against the judgment dated 30.6.2010 passed by the learned Addl. Sessions Judge, FTC, Nagaon in Sessions Case No. 307(N) of 2005, whereby the appellant has been convicted under Sections 323/447/376 r/w Section 511 of the Indian Penal Code. After conviction for the aforesaid offences, the appellant has been sentenced to undergo 4(four) years R.I. and also to pay fine of Rs. 500/- (Rupees five hundred) only with default stipulation of further S.I. for 15 (fifteen) days for the offence of attempted rape and fine of Rs. 500/-(Rupees five hundred) only has been imposed for other offences each, with default sentence of 15(fifteen) days S.I. Being aggrieved with the conviction and sentence the accused has preferred this appeal.

(3.) I have heard Mr. AM Bora, learned counsel for the appellant and Mr. Z. Kamar, learned PP for the State. Also gone through the impugned judgment and the evidence proffered by the prosecution in the trial court. The defence case was of total denial and no evidence in defence was adduced by the accused.