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2018 Supreme(Megh) 64

MOHAMMAD YAQOOB MIR, S.R.SEN
Johny Nongtnger – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. H.L. Shangreiso, R. Majaw.
For the Respondent: Mr. S. Sen Gupta.

JUDGMENT :

S.R. Sen, J.

1. This instant appeal has been filed by the convict/appellant under Section 374 Cr.P.C. 1973 challenging the impugned judgment and order dated 25.07.2014 passed in G.R. Case No. 110 of 2007, wherein the learned Fast Track Court Nongstoin, West Khasi Hills District, Meghalaya passed a sentence of 5(five) years rigorous imprisonment under Section 376 IPC as well as a fine of Rs. 10,000/- and in default thereof, to undergo 1(one) year rigorous imprisonment.

2. Heard Mr. H.L. Shangreiso, learned counsel who appeared on behalf of the convict/appellant as well as Mr. S. Sen Gupta, learned Addl. PP who appeared on behalf of the State.

3. The brief fact of the appellant's case in a nutshell is that:

    "1. The accused/appellant is a bonafide citizen of India and a permanent resident of Trihsaw village, Nongstoin, West Khasi Hills District, Meghalaya and as such, he is entitled to all the rights and privileges as guaranteed under Part III of the constitution of India and such other allied laws framed there under.

2. That the brief facts of the case are that the prosecutrix i.e. Miss. Kyntiewlin Nianglang resident of Nongdaju village and the accused/appellant i.e. Mr. Johny N

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