ABDUL HASEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment and order dated 12.4.02 passed by the learned Sessions Judge, Nagaon in Criminal Appeal No. 37/01 dismissing the appeal and affirming the judgment and order dated 3.9.01 passed by the learned Asstt. Sessions Judge, Nagaon in Sessions Case No. 61(N)/99 under Section 376 IPC and convicting the accused to undergo rigorous imprisonment for one year and to pay fine of Rs. 2,000/-, in default of payment of fine to suffer rigorous imprisonment for a period of sixty days.

(2.) I have heard Sri A.M. Bora, learned Counsel for the Petitioner and Mr. D. Das, learned Addl. Public Prosecutor, Assam.

(3.) On the ground that the Petitioner had married the victim of rape during the tendency of the trial, the learned trial court, by invoking the proviso to Section 376(1) IPC, had sentenced the accused as indicated hereinabove though otherwise the punishment provided under Section 376(1) IPC is imprisonment for either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless a woman raped is his own wife and is not under 12 years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.