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2017 Supreme(Gau) 550

HITESH KUMAR SARMA
Bitul Bhuyan – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. Z. Hussain.
For the Respondent: Mr. B. Dutta.

JUDGMENT AND ORDER :

1. This is a jail appeal, preferred by the accused-appellant from Central Jail, Jorhat, vide his application dated 02.08.2016, against the judgment and order, dated 08.07.2016, passed in Sessions Case No. 13(JJ)/2014, convicting the accused appellant under Section 376 of the Indian Penal Code and sentencing him to rigorous imprisonment for 7(seven) years and to pay a fine of Rs. 10,000/- in default, to undergo rigorous imprisonment for another six months.

2. The facts leading to this case is that the victim (PW-7), while she was alone and sleeping at her house, at about 3.30 P.M., on 13.2.2012, the accused appellant entered into her house and committed rape on her person. She was also physically assaulted by the accused appellant causing serious injuries on her person including on her private parts.

3. On receipt of the FIR of the above incident, lodged by PW-8, the son of the victim, on 14.2.2012, the Pulibor Police Station, registered a case, investigated into it, collected evidence, and finally, submitted charge-sheet against the accused appellant under Section 376 of the Indian Penal Code.

4. The learned Court of Additional Sessions Judge, Jorhat, framed a form












































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