SAMSUDDIN SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 22/3/2007 and 23/3/2007 passed by the learned Additional District and Sessions Judge, Fast Track Court-VI, Alipore, South 24-Paraganas in Sessions Trial no. 04(01) 2005 arising out of Sessions Case No. 69(05)2004 convicting the appellants for commission of offence punishable under Ss. 302/34 of the Indian Penal Code and under Sec. 376(2)(g) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000.00 each, in default, to suffer simple imprisonment for three months more for the offence punishable under Ss. 302/34 IPC and to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000.00 each, in default, to suffer simple imprisonment for three months more for the offence punishable under Sec. 376(2)(g) IPC. Prosecution case:-

(2.) Prosecution case runs as follows:- On 7/1/2004, ASI, Prosanta Kumar Guchait attached to Taratala Police Station had gone out at 1.25 PM for Anti Crime Patrolling duty. Around 3.10 PM he reached in front of an abandoned steel factory situated at 1/1, Goragacha Road. He entered the abandoned factory and proceeded to the first floor of the factory building. To his surprise, he noticed a lifeless body of an unknown female child lying on her back. The body bore injuries on the face. A white orna i.e. scarf was tied with a knot around her neck. The child was wearing blue and white sweater and red pant. He reported the unnatural death of an unknown female child to the duty officer. On his intimation S.I., Dulal Chandra Bhadra (PW 27) came to the spot. He handed over a written complaint to the Officer-in-charge of the Police Station which was treated as FIR resulting in registration of Taratala Police Station Case No.3 dtd. 7/1/2004 under Sec. 302 IPC.

(3.) PW 27 took over the investigation of the case. In course of investigation he seized articles including a pair of used chappals i.e. footwear, one button with attached thread from the place of occurrence. He held inquest over the dead body and sent the body for post mortem examination. Opinion of the post mortem doctor showed that the victim had been raped and murdered. He circulated photographs of the dead body to different police stations for identification.