STATE OF ARUNACHAL PRADESH Vs. ONONG RATAN

JUDGEMENT

(1.) BY judgment and order, dated 25-26. 09. 2007, passed, in Sessions Case No. 242/2003, the learned Addl. Sessions Judge (Fast Track Court), Basar, has convicted the two accused persons, namely, Onong Ratan and Taran Ering, under Sections 363 and 376 read with Section 34 of the Indian Penal Code and sentenced each one of them, for their conviction under Section 366 read with Section 34 IPC, to undergo rigorous imprisonment for three years and pay fine of Rs. 2,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a further period of three months. For their conviction under Section 376 read with Section 34 IPC, the two accused persons are further sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 5,000/- and, in default of payment of fine, to undergo further rigorous imprisonment for a further period of six months, both the sentences having been directed against the two accused persons to run consecutively and not concurrently. A reference has accordingly been registered by the High Court in terms of the provisions of Section 30 (1) of the Assam Frontier (Administration of Justice) Regulations, 1945. Aggrieved by his conviction and the sentence passed against him, one of the convicted persons, namely, Taran Ering, has preferred an appeal, which has given rise to Criminal Appeal No. 09 (AP)/2007. No appeal has, however, been preferred by the other convicted person. As both-the reference as well as the appeal-have arisen out of the judgment and order, dated 25-26. 09. 2007, aforementioned, we propose to dispose of the reference as well as the appeal by this common judgment and order.

(2.) WE have heard Mr. T. Pertin, learned counsel, as amicus curiae, and Mr. T. Jamoh, learned counsel, for the appellant. We have also heard Mr. N. Lowang, learned Public Prosecutor, for the State.

(3.) DURING trial, charges under Sections 363 and 376 read with Section 34 IPC were framed against the two accused. To the charges, so framed, both the accused pleaded not guilty.