SAFIQUE MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and order of the Additional Sessions Judge, Fourth Court, Nadia dated July 29, 2006 in Sessions Trial No. VII of January 2006 convicting and sentencing him under Section 366/376, IPC.

(2.) The sentencing part of the order is quoted below : -

(3.) The appellant was arrested at Krishnanagar bus stand on September 15, 2005 at 9.35 p.m. The woman was with him. They both were produced before the Chief Judicial Magistrate, Krishnanagar on September 16, 2005. the woman was permitted to go with her mother. Her statement was recorded under Section 164, CrPC on September 16, 2005. The investigating officer filed an application dated October 26, 2005 for permission to add Section 376. The charge -sheet dated November 10, 2005 was submitted under Section 363/366/376. The charges were framed under Sections 366/376. The appellant pleaded not guilty and claimed to be tried.