BIRU CHETRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal (Jail) has been preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 on the basis of a petition of appeal filed by the appellant, namely, Sri Biru Chetry, which was forwarded to this Court by the Superintendent, District Jail, Diphu, impugning the Judgment dtd. 19/1/2019, passed by the Court of learned Additional Sessions Judge (FTC), Karbi Anglong, Diphu, whereby the present appellant has been convicted under Sec. 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.10,000.00 only and in default of payment of fine to undergo further simple imprisonment for 60 days. The appellant is presently detained in District Jail, Diphu.

(2.) The facts relevant for consideration of this jail appeal, in brief, are as follows:-

(3.) Before considering the rival submissions of learned counsel for both sides, let me go through the evidence which is available on record.