ATUL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Atul Roy in a trial held before the learned Assistant Sessions Judge, Alipurduar in connection with Sessions Trial No. 7 of 2001 was convicted under Section 376 IPC and was sentenced to suffer simple imprisonment for 8 years and to pay fine with default clause. The said judgement was delivered on 18th of November, 2003 and challenging the order of conviction and sentence the convict preferred this appeal being CRA No. 589 of 2003 on 23rd of December, 2003. Which was admitted and on 13th of February, 2004 a Division Bench, on merit, rejected the appellant's prayer for suspension of sentence and bail.

(2.) The background fact of the prosecution case out of which the CRA No. 589 of 2003 is arising are as follows:

(3.) The aforesaid incident being reported to the Madarihat police station a case under Section 376 was registered and after completion of investigation police submitted charge-sheet for the self-same offence. Thereafter the appellant was placed on trial to answer charge under Section 376 IPC before the learned Assistant Sessions Judge, Alipurduar.