SADIFUL SK Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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(1.)This appeal is directed against the judgment and order dated 27th
June. 2002 passed by the learned Additional Sessions Judge, 2nd Court,
Nadia in connection with Sessions Trial Case No. lll(March) of 2002 arising
out of Sessions Case No. 2(4) 2001 whereby the present appellants were
convicted under Section 376(2)(g) of the Indian Penal Code and were
sentenced to suffer R.I. for seven years each and also to pay a fine of Rs.
2000/- each in default further R.I. for six months.
(2.)The prosecution case leading to finding of conviction and
sentence runs as follows :
That one Iduyara Khatun, daughter of Kashem Sk. was raped by both
appellants at about 10 A.M. on a date which was four days prior to
commencement of 'Roja' in the year 2000 AD when said Iduyara Khatun had
been to a nearby banana bagan of one Moinuddin Sk. for grazing goats and
also for collecting dry leaves therefrom.
(3.)Soon after the occurrence, Iduyara reported the matter to her
parents and her father immediately informed the persons in charge of local
Mosque for intervention and a Salish was also held but the accused persons
did not turn up at the Salish. The father of the victim girl thereafter at the
advice of local people finally submitted a written complaint at local Thanarpara
PS. on 1st January, 2001 and police started investigation of the same. After
close of investigation ultimately charge-sheet was submitted against both the
appellants under Section 376(2)(g) of the I.PC. It is pertinent to mention that
in course of investigation the victim girl also gave a statement under Section
164 of the Cr.P.C. before the learned Judicial Magistrate.
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