SWARUP PRAKASH DHARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and orders of conviction dated 11.05.2011 and sentence dated 12.05.2011 passed by learned Additional Sessions Judge, 12th Court, Alipore in Sessions Trial No. 01(07)2008 arising out of Sessions Case No. 05(11)2006. By the orders impugned the appellant was convicted for committing offence under Sections 366 and 376(2)(a)(i)(ii) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 10,000/-, in default, rigorous imprisonment for six months for committing the offence under Section 376(2)(a)(i)(ii) Indian Penal Code and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- , in default, rigorous imprisonment for three months for committing the offence under Section 366 Indian Penal Code.

(2.) The prosecution case, in short, may be summarized as follows:

(3.) On the basis of the said complaint Joynagar Police Station Case No. 92 dated 16.05.2006 under Section 376 Indian Penal Code was initiated against the accused police officer namely Swarup Prakash Dhara. After investigation the police submitted charge-sheet under Section 376 of the Indian Penal Code against the appellant accused. After commitment of the case to the Court of Sessions, the case was transferred to the Court of learned Additional Sessions Judge, 12th Court, Alipore. Charges were framed under Sections 366 and 376(2)(a)(i)(ii) of the Indian Penal Code. The appellant accused pleaded not guilty and hence, the trial.