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PRINCIPAL SEAT AT GUWAHATI
MRS. JUSTICE SUSMITA PHUKAN KHAUND, J
DIGANTA MEDHI – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial findings. (Para 1 , 2 , 4) |
| 2. details of victim's claims and inconsistencies. (Para 12 , 18 , 21) |
| 3. court's reasoning regarding the credibility of the victim's testimony. (Para 28 , 29 , 30) |
| 4. court's final ruling on acquittal. (Para 34 , 36) |
JUDGMENT
Date : 14-11-2023
1. Heard Mr. D.K. Das, learned counsel for the appellant as well as Mr. B.
Sarma, learned Addl. P.P. appearing for the State respondent.
2. This present appeal arises out of the judgment and order dated 24.04.2012, passed by the Sessions Judge Morigaon in connection with Sessions Case No. 44/2007 convicting Sri Diganta Medhi (hereinafter the appellant), under section 312/511 of the Indian Penal Code ( IPC for short) and sentencing him to undergo rigorous imprisonment for 3(three) years, under section 417 of the IPC and sentencing him to undergo rigorous imprisonment for 1(one) year and under section 376 IPC to undergo rigorous imprisonment for 5(five) years. The sentences were directed to run concurrently. 3. Brief facts unfolded from the FIR is that on 24.08.2005, when the victim ‘X’ (name withheld) was alone at home, the appellant trespassed into her house and comm
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