SK SELIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS jail appeal has been preferred by the appellant against the order of conviction and sentence passed by learned Additional Sessions Judge, first Court, Howrah in Sessions Trial No. VII (October) 1997 convicting the accused and sentencing him to suffer R. I. for 4 years and also to pay a fine of Rs. 500/- in default to suffer R. I. for three months under Section. 366 I. P. C. and also to suffer R. I. for 4 years and to pay a fine of Rs. 500/- in default to suffer R. I. for three months under Section 376/109 I. P. C. with the further direction that both the sentences will run concurrently. The application under section 5 of the Limitation Act bearing C. R. A. No. 326 of 1998 has already been allowed vide order dated 27. 10. 98:

(2.) THE learned Judge framed charges under Sections 366 and 376/109 i. P. C. against the accused Sk. Selim. In this case the prosecution examined as many as 11 witnesses including the neighbours, the parents, the doctor, the victim girl and the I. O. P. W. 3 was declared hostile. After considering the materials-on-record the learned Trial Judge convicted the accused and passed the sentence as stated above.

(3.) THE learned Trial Judge observed that the victim girl was about 14 years of age at the time of the occurrence and the accused took part in abducting the victim girl to the house of Azad. The learned Trial Judge further observed that this accused abetted Azad to commit rape on the victim girl. The learned Judge further held that from the evidence-on-record it was clear that the accused Sk. Selim was apprehended after chase. The learned Trial judge ultimately convicted the accused under Sections 366 I. P. C. and 376/109 I. P. C. and passed the sentence as aforesaid.