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2012 Supreme(Gau) 523

UJJAL BHUYAN
Deuti Gogoi @ Jogesh Gogoi – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Dr. Y.K. Phukan, Sr. Advocate and Ms. K. Baruah, Amicus Curiae
For Respondents/Defendant: Mr. K. Munir, Addl.PP

JUDGMENT

Ujjal Bhuyan, J.

1. This appeal has been preferred by the two accused appellants against the judgment and order dated 27.04.2004 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 31 (DH)/2002 convicting them u/s 376(2)(g) and 448 of the Indian Penal Code (IPC) and sentencing each of them to suffer rigorous imprisonment (RI) for 10 years and to pay fine of Rs. 10,000/-, in default, further R1 for 6(six) months each for the first offence and to suffer R1 for 6(six) months each for the second offence, both sentences to run concurrently. The facts of the case may be briefly noted.

2. One Shri Dharani Deka lodged a first information before the Officer-in-Charge, Dhemaji Police Station on 03.02.2001 alleging that at around 12 noon of that day while his sister Smt. Beauty Deka was alone in his house, two youths entered into his house and committed rape on her. The said information was treated as FIR and on the basis of the same, Dhemaji P.S. Case No. 10/2001 under Section 448/376/34 IPC was registered. In the course of the investigation, the police arrested some persons including the two accused. The victim identified both the accused in the test identification para


















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