AZAD ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against a Judgment and Order of Conviction and Sentence dtd. 18/2/2016 and 19/2/2016 passed by the Learned Additional Sessions Judge, Uluberia, District ' Howrah in connection with Sessions Trial Case No. 97 (U) of 2015 whereby the Learned Judge was inter alia pleased to convict the present Appellant for the offence punishable under Ss. 376/417 of the Indian Penal Code, 1860 and was further pleased to sentence the present Appellant herein to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.2000.00 i.d. to suffer simple imprisonment for 2 (Two) months more for the offence punishable under Sec. 376 of the Indian Penal Code, 1860 and also to suffer rigorous imprisonment for 1 (one) year for the offence punishable under Sec. 417 of the Indian Penal Code, 1860. It was further directed that the previous period of detention, already undergone by the convict shall be set off from the substantive period of sentence in terms of Sec. 428 of the Code of Criminal Procedure, 1973 and all the sentences so passed against the convict shall run concurrently.

(2.) The genesis of Sessions Trial Case No. 97 (U) of 2015 relates to a Written Complaint dtd. 5/5/2014 made before the Officer-In-Charge, Bagnan Police Station, District ' Howrah by one Sajeda Khatun, Daughter of Late Sk. Lalchand, aged about 38 years Resident of Village and Post Office - South Maliya, Police Station- Bagnan, District ' Howrah scribed by one Md. Serif, son of Late Asfar, Resident of Village and Post Office ' Samaspur, Police Station ' Joypur, District ' Howrah alleging inter alia that:-

(3.) The prosecution examined seven witnesses in all including the victim.