BAIJU BABY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) BY judgment and order, dated 14. 03. 2007, passed, in Sessions Case No. 02/2000, the learned Sessions Judge (Fast Track Court), Eastern Zone Namsai, has convicted the two accused persons, namely, Baiju Baby and Raju Chetri under Section 376 IPC and sentenced each one of them to undergo rigorous imprisonment for seven years with fine of Rs. 3,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of three years. 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, Baiju Baby, has preferred an appeal, which has given rise to Criminal Appeal No. 03 (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 14. 03. 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. PK Tiwari, learned counsel for the appellant, and Mr. K. Jini, learned counsel, appearing for the accused, who has not preferred any appeal. We have also heard Mr. RH Nabam, learned Public Prosecutor, for the State.

(3.) THE alleged occurrence, as unfolded by the evidence of the prosecutrix, namely, BK (PW1), who is wife of LK (PW2), may, in brief, be described thus: