C.R. Sarma, J.

1. Heard Mr. Y.S. Mannan, learned Counsel, appearing for the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam. This appeal has been preferred by Mr. Sukhil Mallick, against the judgment and order, dated 19.12.2006, passed by the learned Additional Sessions Judge (FTC No. 2), Kamrup, Guwahati in Sessions Case No. 365(K)/2005.

2. By the impugned judgment and order, the learned Sessions convicted the appellant, under Section 376 I.P.C. and sentenced him to suffer R.I. for 10(ten) years and pay fine of Rs. 2,000/-, in default, R.I. for 4 (four) months.

3. The prosecution case, in brief, is that on 02.12.2004, at about 8.30 P.M., the victim girl along with Sri Pradip Barman and Sri Sajal Sutradhar, went from her house in the motor cycle of Sri Pradip Barman for enjoying Rashpuja at Lakhitari. After enjoying Rashpuja at Lakhitari, she along with Sri Sajal Sutradhar and Sri Sukhil Mallick, i.e. the appellant, in a motor cycle, went to Tetelia to enjoy Rashpuja. From Tetelia, she was taken to Jalisora concrete bridge, by Sajal Sutradhar and Sukhil Mallick and Sajal Sutradhar was waiting with the motorcycle near the bridge aforesaid, the