MAHESH MUDALIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dated 8th July, 2015 and 9th July, 2015 respectively passed by the Additional Sessions Judge, 1st Fast Track Court, Hooghly in Sessions Trial No. 13/2012 arising out of New No.2065/14 whereby and where under the accused appellant was convicted and sentenced for the offence under Section 376 and Section 306 I.P.C.

(2.) For both the offences, i.e., under Sections 376 and 306 I.P.C. the appellant was directed to suffer Rigorous Imprisonment for 10 years and to pay fine of Rs. 10,000/- in default to suffer Rigorous Imprisonment for further one year. Both the sentences were to run concurrently.

(3.) The case of the prosecution is that one Bhagee Sherwar aged 17 years, daughter of Nirmala Sherwar was ravished by the appellant while returning home from the Bandel market, where she had gone to buy curd. The appellant dragged her to a place behind the Jain temple where he ravished her. The victim girl came home and disclosed the incident to her mother (P.W.1) and thereafter P.W.1 the defacto complainant went in search of the accused. Having failed to find him, she was returning home when she was informed by her daughter P.W.2 that the victim girl had poured kerosene oil on herself and had set fire on herself. The defacto complainant admitted the victim girl to the hospital where the victim girl subsequently on the date of incident, i.e., 10th June, 2011 died.