(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the appellant assisted by Mr. A. Ahmed. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.
(2.) This is an appeal against the judgment dtd. 26/7/2022 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No.49(M)/2018 convicting the appellant under Sec. 376(1) IPC and sentencing him to undergo rigorous imprisonment for 12 (twelve) years with a fine of Rs.50,000.00, in default to undergo simple imprisonment for 1 (one) year.
(3.) The appellant, who was 24 years old has been convicted on the ground of having raped a woman of 48 years, resulting in the birth of a child. Though the appellant had filed an application under Sec. 389 Cr.P.C. for suspension of the sentence and release of the appellant on bail, vide I.A.(Crl.) No.160/2023, this Court had dismissed the said I.A. (Crl.) No.160/2023, vide order dtd. 10/10/2023 by holding that unless and until a DNA test/profiling of the appellant was done, it would not be proper to suspend the sentence and release the appellant on bail.
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