JAMAL KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Perused the report wherefrom it is found that the convict has served out the substantive sentence imposed on him.

(2.) The appellant was convicted for commission of offence punishable under Section 376(1) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for one year more.

(3.) Prosecution case as alleged against the appellant is to the effect that the appellant had fraudulently married the victim who was aged about 13 years and had forcibly raped her. On the basis of the written complaint lodged by the father of the victim, a criminal case was registered and charge sheet filed under Sections 342/376/494 of the Indian Penal Code and under Section 5 of the Child Married Restraint Act. Charge was framed under Section 376 of the Indian Penal Code and the appellant pleaded not guilty and claimed to be tried.