Crl.A. 223/2006 BEFORE THE HON’BLE MR JUSTICE B.D. AGARWAL 29.03.2011 With the consent of the learned counsels for both the parties, the appea l was heard at the order stage itself. This appeal is directed against the judgment and order dated 24.07.2006 passed by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldoi in Sessions Case No. 33 (DNFT) of 2005. By this impugned judgment, the appellant has been c onvicted under Section 376 of the IPC and sentenced him to undergo simple impris onment for 7 (seven) years and also to pay fine of Rs. 10,000/- (Rupees ten thou sand) and in default of payment, the appellant was directed to undergo R.I for 6 (six) months. Heard Mr. M.H. Choudhury, learned counsel for the appellant and Mr. B.S. Sinha, learned Addl. P.P. of for the State respondent. Also perused the lower c ourt’s case records. From the records, it appears that the victim girl was below 16 years of age at the relevant time. According to the learned counsel for the appellant the physical relation of the victim girl was established since the victim had agree d to marry the accused. However, this submission is unacceptable since the accus ed had married another woman within a short period of time, ravishing the victim girl repeatedly. Hence, I do not find any illegality in the contention of the a ppellant. With regard to the sentence, it was submitted that the appellant has min or children and as such some leniency may be shown. Besides this, the victim als o did not report her parents about the sexual intercourse for more than 6 (six) months. In view of the aforesaid conduct of the victim, the substantive sentence is reduced to 5 (five) years. However, the fine of Rs. 10,000/- and default sen tence shall stands as it is. Registry is directed to send a copy of this order along with the LCRs to learned court below for doing the needful. With the modification in the sentence, this criminal appeal stands dismi ssed.