KAMRUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arises out of the conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, suri, Birbhum in Sessions Trial No. 7 of July, 2002 corresponding to sessions Case No. 11 of 1999 convicting the accused persons viz. Kamrul Islam and Sk. Sablu and sentencing them to suffer R. I. for 10 years each and also to pay a fine of Rs. 2,500/- each in default to suffer r. I. for six months more for the offence under sections 376 and 109 of the IPC and they were further sentenced to suffer Simple imprisonment for one month each for the offence under section 341 ipc with the direction that both the sentences shall run concurrently.

(2.) THE victim girl lodged complaint with the O. C. of Panrui P. S. alleging that on 07. 12. 98 when she was returning from school by bus at 2. 00 P. M. and on getting down from the bus proceeding towards her house on foot, two boys viz. Kamrul Islam and Sk. Sablu forcibly caught hold of her and dragged her into the sugarcane field. Those two boys tied her hands and feet and they tortured her physically. They wrapped her mouth with clothing and, as such, she could not raise any alarm. After regaining her senses she could realize that she was in naked position and some how could return home. Upon receipt of the complaint the Panrui P. S. Case No. 65 of 1998 dated 07. 12. 1998 was started under section 341/376 IPC. After completion of investigation the charge sheet was submitted. The learned Trial Judge after consideration of the materials on record framed charges under sections 376, 109, 341 of the IPC against both the accused persons viz. Kamrul islam and Sk. Sablu to which they pleaded not guilty and claimed for trial.

(3.) IN this case the prosecution has examined as many as 10 P. Ws. including the victim girl, her parents, the neighbouring person, the medical Officer, the Judicial Magistrate recording the statement of the victim girl and the I. O.