JUDGEMENT
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(1.) The appellant is aggrieved by a judgement of
the Sessions Judge, Bankura dated November 29, 2006 in ST No.2(8) of 2005
convicting him under ss.376/323 IPC and the order of the Judge dated November
30, 2006 imposing the sentences.
(2.) The sentencing part of the order is quoted below:
" that the convict Prasanta Pramanik, on being found guilty of the offence u/s
376/323 I.P.C., is convicted & is sentenced to suffer rigorous imprisonment for 10(ten)
years and to pay fine of Rs.5,000/-(Rupees five thousand), in default, to suffer rigorous
imprisonment for one year for the offence u/s 376 I.P.C., and the convict is also
sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.500/-, in
default to suffer simple imprisonment for one month for the offence u/s323 I.P.C.
Both the sentences shall run concurrently. Previous detention, if any, shall be set
off u/s 428 Cr.P.C."
(3.) The FIR No.16/2004 was registered at Onda police station in the district
Bankura on February 12, 2004 at 6.05 p.m. under ss.376/511/325 IPC. It was
registered on the basis of a written information of the victim's elder brother dated
February 12, 2004 to the officer in charge of the police station.;
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