HOPNA SOREN Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-39
HIGH COURT OF GAUHATI
Decided on January 17,2018

Hopna Soren Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Both the appeals are directed against the judgment and order dated 03/02/2017 passed by learned Sessions Judge, Chirang in Sessions (T-2) Case No. 38 (S) of 2015. By the said judgment, the learned Sessions Judge convicted Nabin Ch. Das (appellant in Crl. Appeal No. 108 of 2017) and Hopna Soren (appellant in Crl. Appeal (J) No. 26/2017) u/s 376 (1) and sentenced them to undergo rigorous imprisonment for seven years and fine of Rs. 2,000/- each with default stipulation.
(2.) As per prosecution case, when the victim was waiting at Kachikatra Bazar for a public transport, the accused Nabin Das picked up her in his vehicle on the pretext of giving a lift and took her to the bank of river Sidli, where Nabin Das and Hopna Soren committed rape on her repeatedly and thereafter, left her on the bank of the river. An FIR was lodged by the victim herself on the next day of the alleged occurrence, on the basis of which, police registered a case and after usual investigation, submitted charge sheet against both the appellants.
(3.) Learned Magistrate took cognizance of the offence on the basis of the said charge-sheet and having found the offence exclusively triable by the court of sessions, committed the case to the court of sessions.;


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