MUFOSIL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Md. M. H. Rajbarbhuiyan, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam.

(2.) This Appeal has been preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973, by the appellant Mufosil Ali @ Mubosil Ali, impugning the judgment and order dtd. 24/2/2012, passed in Sessions Case No. 03/2011 by the learned Additional Sessions Judge (FTC), Karimganj whereby the present appellant was convicted under Sec. 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000.00, and in default of payment of fine to undergo simple imprisonment for a period of another one month.

(3.) The facts relevant for adjudication of the instant Criminal Appeal, in brief, are as follows: