DILIP SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. H. K. Baishya, learned counsel for the accused-appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) THIS appeal has been filed against the judgment and order dated 2. 8. 2004, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 24 (JJ) of 2003 convicting the accused appellant under Sections 457/376 (1) of IPC and sentencing him to undergo rigorous imprisonment for 2 (two) years under Section 457 IPC and to pay a fine of Rs. 500/- in default to undergo another 1 (one) month and for the offence under Section 376 of IPC, rigorous imprisonment for 7 (years) and to pay fine of Rs. 1000/- in default to undergo another 1 (month) rigorous imprisonment.

(3.) DURING investigation, the police recorded the statement of witnesses in connection with the occurrence and after completion of the investigation, submitted charge sheet under Section 457/376 IPC against the accused-appellant. The case was committed by the Sub-Divisional Judicial Magistrate, Majuli to the Court of Sessions, Jorhat. On appearnce of the accused, the learned trial Court read over and explained the charge to which the accused-appellant pleaded not guilty and claimed to stand trial. The learned trial Court at the conclusion of the trial and after hearing the learned counsel for the parties convicted and sentenced the accused-appellant as stated earlier.