NABAJYOTI DEORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.Z. Mahanta, learned counsel for the accused petitioner and Mr. B.Sharma, learned Additional Public Prosecutor, Assam.

(2.) The present Criminal Revision Petition under Ss. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973 is filed assailing the Judgment and Order dtd. 27/12/2012 passed in Sessions Case No. 62 (NL)/2011 by the learned Assistant Sessions Judge, Lakhimpur at North Lakhimpur convicting the accused petitioner under Sec. 376 IPC and sentenced him to undergo RI for 7 years and to pay a fine of Rs.5000.00, in default of payment of fine to suffer RI for 3 months and also convicted under Sec. 417 IPC and sentenced him to RI for 7 months.

(3.) The further challenge is made against the appellate Judgment and Order dtd. 17/6/2013 passed in Criminal Appeal No. 2(1)/2013 passed by the learned Session Judge, Lakhimpur at North Lakhimpur acquitting the accused appellant from the charge under Sec. 376 of IPC but upholding the sentence passed by the learned Trial Court under Sec. 417 of IPC.