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Bishnu Deo Mishra Vs. State of Assam


Notice had been issued on the quantum of sentence only.

We have heard the learned counsel for the parties and perused the judgment impugned herein. Paragraph 34 of the High Court judgment reads as under: "Apart from being a crime against society, rape is an offence against human dignity. It is a transgression which is destructive of the whole personality of the victim. The commission of rape by the accused upon a tender aged and helpless victim of his daughter's age, pretending himself to be a priest and a religious man and thus hoodwinking everyone to believe him to be so, is also a crime against religious faith.

Therefore, there is no question of being lenient in passing sentence against the accused. Having given thoughtful consideration on the entire evidence on record, we find no reason to interfere with the findings of the learned Additional Sessions Judge, FTC, Bongaigaon in this appeal." In view of the above, we are not inclined to interfere in this matter. The Criminal Appeal is dismissed.

.....................J. [HARJIT SINGH BEDI]

.....................J. [GYAN SUDHA MISRA]


AUGUST 25, 2011.

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