KINGKONG DAS Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) The judgment and order dated 19.03.2015 passed by the learned Assistant Sessions Judge, Lakhimpur in Sessions Case No. 71(NL)/2014 convicting the accused appellant under Sec. 376(2)(f) of the Penal Code and sentencing him to Rigorous Imprisonment for 10 (ten) years and to pay fine of Rs. 10,000.00, in default, to Simple Imprisonment for 6 (six) months has been assailed in this appeal.

(2.) The sum and substance of the prosecution case is that in the morning of 05.06.2007, the accused appellant Kingkong Das committed rape upon the daughter of the informant in his shop. On an FIR lodged by the father of the girl, Dhakuakhana P.S. Case No. 85/2007 was registered and on completion of the investigation Charge-Sheet was laid against the accused appellant.

(3.) The case came up for trial before the learned Assistant Sessions Judge, Lakhimpur. During trial, the prosecution examined 7 witnesses including the two Investigating Officers. The defence plea is of total denial. The learned Sessions Judge on conclusion of the trial found the accused appellant guilty under Sec. 376(2)(f) Penal Code and sentenced him accordingly as stated above. Hence, this appeal.