RAHID ALI SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction passed by A. D. J, Fast Track Court, Berhampore, Murshidabad on 05.09.2008 thereby convicting Rahid Ali Sk. to suffer R. I. for seven years and to pay fine of Rs. 15,000/- I. D. to suffer R. I for another six months for commission of offence under Section 376 I. P. C. The convict i. e. Rahid Ali is also sentenced to suffer further R. I. for one year and to pay fine of Rs. 3,000/- I. D. to suffer R. I. for another a month for commission of offence under Section 417 I. P. C. If the amount is released as order by the Court below 50% of the same would be remitted in favour of the prosecutrix towards compensation.

(2.) After considering the materials-on-record and on hearing the submission of both sides a charge under Section 376/417 I. P. C. was framed against the accused on 07.09.2005 to which the accused pleaded not guilty and claimed to be tried. Now only point for consideration is whether the learned Trial court is justified in passing the sentence a mentioned above.

(3.) In order to bring home the charge leveled against the accused persons as many as 13 witnesses were examined from the side of the prosecution whereas no witnesses was examined from the side of the defence. Out of the 13 prosecution witnesses P. W. 1 Sehenija Khatun is the victim girl, P. W. 2 Noornisha Bibi is a relative of the victim girl. P. W. 3, 4 and 6 are the co-villagers.