SUKUMAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment dated 18th June, 2008 passed by the learned Additional District and Sessions Judge, Fast Track Court-4, Gangarampore at Buniadpore, District- Dakshin Dinajpore in Sessions Case No. 180 of 2007 connected with Sessions Trial Case No. 27 of 2007 ( State of West Bengal Vs. Gour Mondal and two others) by which the learned Trial Court convicted all the three accused persons of an offence punishable under Sections 366, 368 read with Section 34 of the Indian Penal Code. The accused Gour Mondal was alone additionally convicted under Section 376 of the Indian Penal Code. By an order dated 23rd June, 2008 all the three convicts were sentenced to 2 rigorous imprisonment for 10 years each as also to pay fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment of years for the offence punishable under Section 366 read with Section 34 of the Indian Penal Code. They were also sentenced to rigorous imprisonment for 10 years each as also to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for 2 years for the offence punishable under Section 368 read with Section 34 of the Indian Penal Code. The convict Gour Mondal was further sentenced to suffer rigorous imprisonment for 10 years as also to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for 2 years for the offence punishable under Section 376 of the Indian Penal Code. All the sentences were however directed to run concurrently.

(2.) The convicts Sukumar and Rabi have preferred the present appeal.

(3.) The facts and circumstances of the case briefly stated are as follows: