AMAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 11.12.2014 passed by learned Special cum Additional Sessions Judge, Coochbihar in Sessions Case No.364/2013 (Sessions Trial No.22(9)2012 convicting the appellant for the offences punishable under Sections 448 and 376 IPC and sentencing him to suffer rigorous imprisonment for one year for the offence punishable under Section 448 IPC and to pay fine of Rs.1,000/-, in default to suffer further rigorous imprisonment for five months more for commission of offence punishable under Section 448 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs.10,000/- under Section 376 IPC, in default to suffer further rigorous imprisonment for two years more, both the sentences to run concurrently.

(2.) Prosecution case, as alleged against the appellant, is to the effect that the PW 8, wife of late Jatin Barman, is the victim in the instant case. Her husband had expired about two weeks prior to the commission of the offence.

(3.) On the last occasion i.e.13.06.2017 in absence of Mr. Sarwar Jahan, learned Advocate for the appellant, Mr. Apalak Basu, learned Advocate was requested to assist the Court as amicus curiae. However, today the learned Advocate for the appellant is present. He along with amicus curiae have been heard at length.