PEKAR GAMLIN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred under Regulation 27 of the Assam Frontier (Administration of Justice) Regulation, 1945 (for short the Regulation) read with Section 482 of the Code of Criminal Procedure, against the judgment and order dated 24.6.2003, passed by the court of learned Additional Sessions Judge (FTC), Basar, Arunachal Pradesh, in BSR/SESS No. 57/2002, convicting the accused-appellant under Section 376 (2) IPC and sentencing him to suffer rigorous imprisonment for 12 years and a fine of Rs. 5000/- (Rupees five thousand) only, in default of payment, further RI for 6 (six) months to run concurrently with the substantive sentence. The learned court below also imposed a fine of Rs. 1000/- for conviction under Section 448 IPC and in default to undergo RI for 2 (two) months.

(2.) Simultaneously, a reference has also been made by the learned Additional Sessions Judge, (FTC), Basar, Arunachal Pradesh for confirming the sentence of 12 years R.I. imposed on the accused under Section 376 (2) IPC. This reference has been made under Section 30(1) of the Assam Frontier (Administration of Justice) Regulation 1945, which is registered as Criminal (Hills) Reference No. 1/03.

(3.) Both the Criminal Appeal No. 306/2003 and Criminal (Hills) Reference No. 1/2003 are taken up together, as they arise out of the same judgment and order dated 24.6.2003 passed in BSR/SESS No. 57/2002.