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2013 Supreme(Megh) 48

T.NANDAKUMAR SINGH
Goma Chettri – Appellant
Versus
Bhuban Chandra Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Khan, Legal Aid
For the Respondent: K.C. Gautam

JUDGMENT :

T. Nandakumar Singh, J.

1. This appeal is against the judgment and order dated 30.04.2010 passed by the learned Sessions Judge, Shillong in Sessions Case No. 6/2007 for acquitting the accused Shri. Bhuban Chandra Sharma who faced the session trial for the offence u/s 376 , IPC. The present appeal against the acquittal is filed by the victim. Heard Mr. K. Khan, learned counsel appearing for the appellant and Mr. K.C. Gautam, learned counsel appearing for the respondent-accused.

2. The case of the prosecution as unfolded during trial is clearly depicted in the judgment and order of the trial Court dated 30.4.2004. However for deciding this appeal against acquittal, this Court being the First Appellate Court requires to appreciate the evidence produced by the prosecution and accordingly, alleged sordid and obnoxious incident in the case against the respondent-accused is briefly noted.

3. The victim (PW 9) was residing with the respondent-accused (Shri. Bhuban Chandra Sharma) at his house for about 3/4 years and during a period of about 4/5 months after the victim attained her first menstruation, she was continuously raped by the respondent-accused and as a result, she got conce

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