MANASH ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant being convicted under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/, in default, to undergo rigorous imprisonment for another three months by the judgment and order dated 11. 12. 2002 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 25 of 2002 is in appeal.

(2.) I have heard Mr. Z. H. Khan, learned Amicus Curiae, for the appellant and Mr. K. Munir, learned Public Prosecutor, Assam.

(3.) ON a F. I. R. being lodged on 12. 11. 2001 by Md. Sahar Ali before the Officer-in-charge, Dhekiajuli Police Station alleging that the accused/appellant had on 10. 11. 2001 and 11. 11. 2001 committed rape on his wife Mustt. Anowara Begum, Dhekiajuli P. S. Case No. 259 of 2001 was registered under Section 376, I. P. C. On completion of the investigation, a charge-sheet was laid against the accused/appellant under the above provision of law. The case being exclusively triable by the Court of Sessions, charge was framed against the accused/appellant under Section 376 of the I. P. C. , (hereinafter also referred to as the Code) which, being read over to him he pleaded not guilty and claimed to be tried.