JADABANANDA SAIKIA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 17.12.2005 of the learned Additional Sessions Judge (Ad -Hoc) FTC, Nagaon in Sessions Case No. 337(N)/2003. By the said judgment, while convicting the accused/appellant u/s. 417 IPC, he has been sentenced to undergo rigorous imprisonment for 01 (one) year and to pay a fine of Rs. 5000/ - (Rupees five thousand) and in default, to undergo further rigorous imprisonment for 03(three) months.

(2.) I have heard Mr. A.K. Purakayastha, learned counsel for the accused/appellant and have also heard Mr. D. Das, learned Additional Public Prosecutor, Assam. I have also perused the materials on record.

(3.) ON receipt of the FIR, Nagaon P.S. Case No. 457/2003 was registered u/s. 376/420 IPC. Statement of the victim girl was also recorded u/s. 164 Cr.P.C. On completion of the investigation, charge sheet was submitted against the accused/appellant u/s. 376/493 IPC. In due course, charge was framed against him u/s. 376/417 IPC. The learned trial Court raising the following points for determination and having answered the same in favour of the prosecution with the aforesaid conviction and sentence imposed on the accused/appellant, he has preferred this appeal.