PURNA CHANDRA MAHATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Paper books have not been prepared since 2006. It appears that the appellant has served out the sentence in the meantime. Hence, dispensing with the preparation of paper books, the appeal is taken up today for hearing.

(2.) Nobody appears for the appellant. Mrs. Mitra, learned Advocate is requested to appear as Amicus Curiae in the matter.

(3.) The appeal is directed against the judgement and order dated 16th September, 2004 and 17th September, 2004 passed by the learned Additional District and Sessions Judge, Fast Track Court, Jhargram Paschim Medinipore in Sessions Trial No.XXXV/June/2003 convicting the appellant for commission of offence punishable under Sections 366/376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.5000/- in default to undergo simple imprisonment for two years for the offence punishable under Section 366 of the Indian Penal Code and to suffer rigorous imprisonment for 10 years with a fine of Rs.10,000/- in default to suffer simple imprisonment for a period of two and half years for the offence punishable under Section 376(2)(f) of the Indian Penal Code. The fine amount, if recovered from the accused, shall be paid to the victim girl.