SAIDUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 07.02.2005 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No. 2 of September, 2003 (Sessions Serial No. 66/2003) convicting the appellant no. 1 for commission of offence punishable under section 376/511 of the Indian Penal Code and appellant no. 2 for commission of offence punishable under section 376/511/109 of the Indian Penal Code and directed them to suffer sentence of rigorous imprisonment for five years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand) each in default to suffer rigorous imprisonment for six months more with further direction of half of the fine amount, if paid, be handed over to the victim girl Urmila Khatoon as compensation.

(2.) The prosecution case, as alleged, is that on 22.05.2002 the defacto complainant Maharam Shah lodged complaint at Murshidabad Police Station alleging that on 21.05.2002 at about 5 p.m. his daughter Urmila Khatoon along with other village women went to village Tentulia to attend Pusparath Mela.

(3.) When Urmila was returning home it had already become dark, and accused Prasanta Mondal offered to take her back home from the Mela. Urmila was initially unwilling but on assurance of Prasanta agreed to return home with him.