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2023 Supreme(Gau) 546

MALASRI NANDI
Golap Bhuyan, S/o. Thaneswar Bhuyan – Appellant
Versus
State Of Assam, Represented. By The Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Ms. B. Sarma, Amicus Curiae.
For the Respondent: Mr. B. Sarma.

JUDGMENT :

1. Heard Ms Bijita Sarma, learned AmicusCuriae appearing on behalf of the appellant. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

2. This appeal has been preferred by the appellant, Golap Bhuyan, against the Judgment and Order dated 02.02.2018, passed by the learned Sessions Judge, Dhemaji in connection with Sessions Case No. 111 (DH)/2012, whereby the accused was convicted under Section 366 and 376 (1) IPC and sentenced to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs. 1,000/-, in default, Rigorous Imprisonment for one month, for the offence under Section 366 IPC. The accused was also sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 1,000/-, in default, Rigorous Imprisonment for another 1 (one) month for the offence under Section 376 (1) IPC. Both the sentences were directed to run concurrently.

3. The prosecution case in brief is that the informant, Smt Rangili Chutia lodged an FIR before the Officer-In-Charge, Dhemaji Police Station, stating inter alia that her daughter used to stay in the house of her uncle, Pradip Chutia, at Dhemaji Chariali, for the purpose

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