SAFNUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. Sharif, learned counsel for the appellants. Also heard Mr. K.A. Mazu-mdar, learned Addl. PP, Assam,

(2.) CHALLENGING the legality and validity of the judgment and order dated 21.7.2005 passed in Sessions Case No. 28/05 (arising out of GR Case No. 806/04) under Sections 366/376/34 of the Indian Penal Code ('IPC' for short) by the Assistant Sessions Judge, Morigon whereby and whereunder the appellants were convicted under Sections 366/376/34 i.e. and sentenced them to suffer rigorous imprisonment ('RI' for short) for 10 years on each offence and to pay a fine of Rs. 5,000/- on each offence, in default, RI for one year making it clear that both the sentences are to run concurrently, the instant appeal has been filed by the two accused appellants.

(3.) POLICE after completion of the investigation, submitted charge sheet against the appellants under Sections 366/376/34 IPC. The offence being exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions, Morigaon for trial vide order dated 13.4.2005 passed by the Judicial Magistrate, 1st Class, Morigaon and the same was registered before the learned Sessions Judge, Morigaon as Morigaon Sessions Case No.28/2005 which was entrusted to the learned Assistant Sessions Judge, Morigaon for disposal. Upon perusal of the materials available on record and after hearing the parties, the learned trial Court framed charge under the aforementioned sections against both the appellants. The charges so framed being read over an explained to the accused appellants, they denied the same and claimed to be tried. Both the appellants surrendered before the learned Court below on 27.1.2005. Their prayer for bail was rejected, directing to proceed with the trial.