SUDEB DOLUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the judgment of conviction and order of sentence dated 30.03.2010 and 01.04.2010 respectively passed by the Assistant Sessions Judge, 2nd Court, Paschim Medinipur in Sessions Trial No. XI/January/2009, convicting the appellants under Section 376(2)(g) of Indian Penal Code. By the order of sentence learned trial Judge directed both the convicts to suffer rigorous imprisonment for 10 years for the offence under Section 376(2)(g) IPC. Following the written complaint filed by a hapless father on 12.03.2008 complaining of a commission of a heinous offence on his daughter aged 13 years. Ghatal Police registered an FIR which ultimately gave rise to the Sessions Trial case No. XI/January/2009. It was complained that on 13.02.2008 at about 20.00 hours complainant PW1's daughter was ravished by both the two accused persons which, ultimately, culminated into the charge under Section 376(2)(g) of Indian Penal Code. The accused persons were examined under Section 228 Cr.P.C. and the substance of the offence being read over and explained to them they pleaded not guilty and claimed to be tried.

(2.) Prosecution in order to prove its case examined as many as nineteen witnesses and at the end of the examination of the prosecution witnesses, accused persons were examined under Section 313 of the Code of Criminal Procedure (hereinafter to be called 'the Code'). Defence taking t he plea of innocence did not lead any independent witness. However, record reveals that summons was issued to a police witness for examination by the defence which they, ultimately, declined.

(3.) Before the appeal was taken up for hearing it was brought to our notice that both the convicts had been released from correctional home on 06.04.2018 after having obtained benefit of UT set off period. The accused persons have since served out sentence, learned advocate for the appellant prayed for dismissal of the appeal. However, law does not permit so and we heard the appeal on merit.