- (1.) This is an appeal as filed under Section 374 (2) of the Code of Criminal Procedure, 1973 directed against the Judgement and order of conviction respectively passed on 17.05.2006 & 18.05.2006 by the Learned Additional Sessions Judge, 2nd Fast Track Court, Alipore within the district of South 24 Parganas in Sessions Trial No.2(5)2005 arising out of Sessions Case No.11(12)2004 (corresponding to C.G.R case no.2533 of 2004 and New Alipore Case no.170 of 2004 ) wherein the Ld. Trial Court was pleased to hold the accused/appellant guilty in respect of the charge punishable under Sections 366 and 376 both of the Indian Penal Code (henceforth called as the said Code).
(2.) The Learned Trial Court was further pleased to sentence the present appellant/convict to suffer rigorous imprisonment for 10 (Ten) years and also clamped a fine of Rs.2000 in default to further RI for six months in respect of the charge punishable under Section 366 of the IPC.
(3.) The Learned Trial Court was further pleased to pass the same rigorous imprisonment and also the same fine for the offence punishable under Section 376 of the said Code and further directed that both the substantive sentences will run concurrently and further ordered that if the fine amount is realised Rs.3000 will be paid to the victim (name not disclosed). It was further ordered that the detention period of the accused/convict be set off as per Section 428 of the Code of Criminal Procedure.;