AMAN PANKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 28.11.2002, passed in Sessions Case No. 150 (s-c)/2001 (New) whereby the accused-appellant has been convicted under Section 376 IPC and sentenced to suffer rigorous imprisonment for 10 (ten) years with payment of a fine of Rs. 500 and, in default of payment of fine, to undergo rigorous imprisonment for a further period of 6(six) months.

(2.) Heard Mr. P. Kataky, learned Amicus Curiae, and Mrs. A. Begum learned Additional Public Prosecutor, Assam.

(3.) In the present case, the accused-appellant is alleged to have been committed rape on a minor girl on 11/3/2001. On a First Information Report having been lodged, in this regard, Sonari P.S. Case No.41 2001 under Section 376 IPC was registered. During investigation, the police arrested the accused-appellant and forwarded him, on 12/3/2001 to the learned Sub-Divisional Judicial Magistrate, Charaideo, Sonarit seeking his judicial remand. While so forwarding the accused-appellant seeking his judicial remand, the Investigating Officer mentioned the age of the accused-appellant as 19 years.