UTPAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned senior counsel assisted by Mr. A. M. Bora, learned counsel for the appellant in Crl. Appeal No. 66/2007 and Mr. H. R. A. Choudhury, learned senior counsel assisted by Ms. S. K. Nargis, learned counsel for the appellant in Crl. Appeal No. 140/2007.

(2.) BOTH the appellants in the aforesaid appeals were convicted under Section 376 (2) (g) IPC and sentenced to suffer 8 (eight) years R. I. with a fine of Rs. 3,000/- and in default of payment of fine, further R. I. for another 6 (six) months vide judgment and order dated 26. 02. 2007 passed by the learned Sessions Judge, Kamrup, Guwahati, Assam in Sessions Case No. 70 (K)/2001. Since both the appellants were convicted by the aforesaid judgment and order, these criminal appeals are taken up together for hearing and proposed to be disposed of by this common judgment and order.

(3.) ON the basis of materials made available by the police, the learned Sessions Judge framed the charge under Section 376 (2) (g) IPC. The accused-persons pleaded not guilty and claimed to stand the trial. The prosecution, to establish the charge, examined 9 (nine) witnesses including the medical officer and the investigating officer. The victim girl, as it could be found from the record, expired on 07. 10. 2002 during the period of trial and as such, she could not be examined. On the basis of record and materials made available and after hearing the learned counsel for the parties, the learned trial Court convicted and sentenced the accused-persons as stated earlier. The present appellants have preferred the appeals against the aforesaid impugned judgment and order dated 26. 02. 2007.