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DINESH MAHESHWARI
Bharat Bhusan – Appellant
Versus
State of Meghalaya – Respondent
Dinesh Maheshwari, J.
1. The instant appeal under Rule 22 of the Rules for Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 read with Section 374 (2) of the Code of Criminal Procedure, 1973 [Cr.P.C] is directed against the judgment and orders dated 15.09.2010, as passed in GR Case No.128 (A) of 1997 whereby, the learned Additional District Magistrate, Shillong has convicted the accused-appellant for offences under Sections 376 and 448 of the Indian Penal Code [IPC]; and has sentenced him to 5 years' imprisonment with a fine of Rs.3,000/- for the offence under Section 376 IPC and to one month's imprisonment for the offence under Section 448 IPC.
2. It may be summarised at the outset that the alleged incident leading to the trial and conviction of the appellant dates back to 17.01.1994 and charge sheet in this case was filed on 12.07.1996. The trial and other proceedings in this case got protracted in a rather perplexing manner where even after pronouncing the judgment of conviction on 18.07.2000, the learned Trial Court re-opened the matter for defence evidence while 'suspending' its judgment and indeed recorded the statements of three defence witnes
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