RONGON MUKHOPADHYAY,J. - (1.) Heard the parties.
(2.) This application is directed against the judgment dated 18.01.2005, passed by the learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara in Cr. Appeal No. 27 of 2003/9/04, whereby and where-under judgement of conviction and order of sentence dated 11.8.2003, passed by the learned Sub Divisional Judicial Magistrate, Jamtara in connection with G.R. Case No. 469 of 1995 convicting the petitioner for the offence under section 411 of IPC and sentencing him to undergo R.I. for one year has been affirmed.
(3.) It has been submitted by the learned counsel for the petitioner that Investigating Officer of the case has not been examined, which has caused prejudice to the defence. It has further been submitted that there are contradictions amongst the statements of the witnesses. In alternative, an argument has been put forward by the learned counsel for the petitioner that if this Court is not inclined to interfere with the impugned judgment of conviction, at least sentence imposed upon the petitioner be modified considering the fact that petitioner is facing the rigors of prosecution case since 1995.;