ARIFAN BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 26/7/2016, 27/7/2016 and 28/7/2016 passed by learned Additional Sessions Judge, 7th Court, Barasat, North 24-Parganas in Sessions Trial No. 01(02)2013 arising out of Sessions Case No. 01(01)2013 convicting the appellant under Sec. 302/201/379/411 I.P.C. and sentenced her to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default, to suffer rigorous imprisonment for ten months for the offence punishable under Sec. 302 I.P.C., to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000.00, in default, to suffer rigorous imprisonment for five months for the offence punishable under Sec. 201 I.P.C., to suffer rigorous imprisonment for one year and to pay a fine of Rs.2,000.00, in default, to suffer rigorous imprisonment for two months for the offence punishable under Sec. 379 I.P.C. and to suffer rigorous imprisonment for one year and to pay a fine of Rs.2,000.00, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Sec. 411 I.P.C. All the sentences to run concurrently.

(2.) Prosecution case involves the murder of a ten-year old girl Ajmira Khatun. On 29/8/2012 at 3:30 p.m. she left her residence to take private tuition from Sabina Yasmin (P.W. 11). She did not return till 5:30 p.m. Inspite of search she could not be traced. Around 11:00 p.m. her body was found floating on a nearby pond of Mohat Ali Mondal. Her lower apparels and inner garments were found missing. A pair of ear rings was also missing. Ayeb Nabi (P.W. 2) after recovery of the child lodged written complaint being Ashokenagar Police Station Case No. 453/12 dtd. 30/8/2012 under Sec. 302/201 I.P.C. In the course of investigation on 11/9/2012 appellant was arrested. On her leading statement, a pair of ear rings was recovered. Subsequently, a school bag, books, slippers and trousers of the victim were recovered on the showing of the appellant from a doba near the house of her father-in-law, Mosaraf Mondal.

(3.) Charge-sheet was filed and charges were framed under Sec. 302/201/379/411 I.P.C. Appellant pleaded not guilty and claimed to be tried.