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2015 Supreme(Gau) 208

BIPLAB KUMAR SHARMA
Ranjit Das – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B.K. Mahajan and N.J. Das
For Respondents/Defendant: D. Das, Addl. PP

JUDGMENT

Biplab Kumar Sharma, J.

1. Both the appeals are against the judgment of conviction dated 22.09.2011 of the learned Additional Sessions Judge (FTC) No. 2 passed in Sessions Case No. 37/2000. By the said judgment, both the appellants, namely, Ranjit Das and Dimbeswar Das have been convicted under Section 376(g) IPC and they have been sentenced to undergo R.I. for 10(ten) years with fine of Rs. 1,000/- each. In default to pay the fine they were to undergo S.I. for 1 (one) more month. While the accused Ranjit Das is the appellant in Criminal Appeal No. 222/2011, the other accused, namely, Dimbeswar Das is the appellant in Criminal Appeal No. 202/2011. Both the appeals having arisen out of the same judgment have been heard together. I have heard Mr. N.J. Das, learned counsel led by Mr. B.K. Mahajan, learned counsel for the appellants and have also heard Mr. D. Das, learned APP, Assam. I have also perused the entire materials on record.

2. Mr. N.J. Das, learned counsel representing the appellants submits that the impugned judgment of conviction primarily being based on the sole testimony of the prosecutrix, her deposition will have to be considered in the touch stone of inspiring c













































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