MANTU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Miss S.K. Nargis, learned Counsel who has been appointed as Amicus Curiae in place of Mr. B.M. Choudhury as Mr. Choudhury Is found to be absent when the matter is called upon for hearing.

(2.) Also heard Mr. B.S. Singha, learned P.P. Assam representing the State.

(3.) This jail appeal has been directed by the appellant from jail challenging the judgment and order dated 22.1.2004 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 84/2003 whereby the appellant was convicted under section 366. I.P.C. read with section 376, P.C. and accordingly, he was sentenced to undergo rigorous imprisonment for a period of 10 years with compensation of Rs. 15,000.00 to the victim girl, in default, to undergo rigorous imprisonment for another 15 (fifteen) months for the offence punishable under section 376, I.P.C. However, no separate sentence was imposed upon the appellant under section 366, I.P.C.