STATE OF ARUNACHAL PRADESH Vs. BABULAL KIMSIM

JUDGEMENT

(1.) THIS criminal reference has been preferred under Section 30 of the Assam Frontier (Administration of justice) Regulation, 1945 for confirmation of sentence of rigorous imprisonment of 10 years and a fine of Rs. 1000/- handed down on the convict by the judgment and order dated 30-8-2007 passed by the learned additional District and Sessions Judge, Fast track Court, Eastern Zone, Namsal, arunachal Pradesh convicting the accused, babulal Kimsim under Section 376, IPC and sentencing him to undergo R. I. for 10 (ten)years and a fine of Rs. 1,000/- and in default, of payment of fine to undergo further term of simple imprisonment for 1 (one)month.

(2.) THIS Court by an order dated 5-1-2009, since none appeared on behalf of the convict-appellant, appointed Mr. P. K. Tiwari, learned counsel as amicus curiae to assist this Court.

(3.) WE have heard Mr. N. Lowang, learned public Prosecutor for the State of Arunachal pradesh and Mr. P. K. Tiwari, learned amicus curiae, appearing on behalf of the convict.