SITARAM PANDIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Report is received from the department that no other appeal is pending against the selfsame judgement and order of conviction and sentence.

(2.) Judgement and order dated 14.12.2007 in Sessions Trial No.4 of October, 2003 arising out of Sessions Case No.142 of 2003 convicting the appellant for commission of offence punishable under Sections 373/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 373 of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 376 of the Indian Penal Code, both the sentences to run concurrently, is the subject matter of the present appeal.

(3.) Prosecution case, as alleged against the appellant and co-accused Samiran Bibi, is to the effect that on 6.6.2003 the victim, Kahinoor Khatun was found missing. Her elder sister, Asma Bibi (P.W.2) suspected that Samiran Bibi had taken away the victim and concealed her at an unknown place. On being questioned, Samiran was unable to give any satisfactory answer. Accordingly, on 19.6.2003, she lodged written complaint at Sagardighi Police Station being Sagardighi P.S. Case No.59 of 2003 dated 19.6.2003 against Samiran Bibi. In the course of investigation, the victim was recovered from the custody of the appellant and charge sheet was filed against the appellant and co-accused, Samiran Bibi in the instant case. Initially, charges were framed under Sections 372 /376 of the Indian Penal Code against the appellant and under Section 372 against Samiran Bibi. Subsequently, the charge was altered to Sections 373/376 of the Indian Penal Code against the appellant.