AKALU PASWAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed agianst the Judgment and order of conviction and sentence dated 25.9.2000 and 26.9.2000 respectively passed by the learned Additional Sessions Judge, 1st Court, Siliguri in Sessions Trial No. 1 of 1998 (Sessions Case No. 35(1) of 1998) thereby convicting the accused appellant under sections 376/302/201 of the Indian Penal Code and sentencing him to suffer imprisonment for life for the offence under section 302 IPC. No separate sentence was passed for the offence under section 376 and 201 IPC.

(2.) The prosecution case, in short, is that on 9.1.98 the victim girl Sita Paswan aged, about 6 years, was playing in front of a betel shop of Pappu Singh (P.W. 4) with her brother and at that point of time, the accused appellant came there and gave chocolate to the victim girl after purchasing the same from the shop of P.W. 4. The accused took the victim girl to his house and after committing rape on her, he murdered her.The deadbody of the victim was recovered from the room of the accused and after arrival of the police, an inquest was held and the deadbody was sent for post mortem examination. On completion of investigation, charge-sheet was submitted against the accused person and charge was framed under sections 376, 302 and 201 of the Indian Penal Code,

(3.) To prove its case the prosecution examined as many as 19 witnesses while none was examined on behalf of the defence. Defence was a plea of innocence and false implication.