UTTARA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant- convict who was convicted in respect of the charge punishable under Sections 373 of the Indian Penal Code (hereinafter called as the said Code) in Sessions Trial No. 02 (03) of 2014 (Sessions Case No. 1408 of 2013) wherein the learned Additional Sessions Judge, 15th Court at Alipore, South 24-Parganas, found the accused guilty in respect of the charge punishable under Section 373 of the Code but at the same time, the accused was held to be not guilty in respect of the charge punishable under Section 365 of the Code. The said order of conviction was passed on 01-04-2016 and sentence was imposed on 2nd April, 2016 wherein the learned Trial Court on hearing the accused-appellant on the point of sentence, sentenced the appellant to suffer rigorous imprisonment for 5 years and also directed to pay fine of Rs. 15,000/- and in default, to suffer simple imprisonment for six months. The court further ordered that if the fine amount is realized then Rs.10,000/- will go to the victim and the rest will go to the State.

(2.) Let me now proceed to say regarding the fact as disclosed in the F.I.R.

(3.) This has reference to Sunderban Costal P.S. Case No. 152 of 2012 dated 28.11.2012 in respect of the offence punishable under Sections 363/365/366A of the Code.