Judgment

SINHA, J. : This appeal on a certificate granted by the High Court at Calcutta, under art. 134 (1) (c) of the Constitution, is directed against the order of a Division Bench of that Court, dated February 15, 1955, summarily dismissing an appeal from the judgment and order dated January 22, 1955, passed by the learned Second Additional Sessions Judge of Alipore, accepting the unanimous verdict of guilty returned by the jury, holding the appellant guilty under S. 376 of the Indian Penal Code, for having committed rape on a young girl, named Sudharani Roy, said to be about 14-15 years of age. The learned trial Judge, accepting the unanimous verdict of the jury and agreeing with it, imposed a "deterrent punishment" of rigorous imprisonment for 5 years, in view of the fact that he was in loco parentis to the large number of girls who were the inmates of the Nari Kalyan Ashram of which the appellant had been the secretary for a pretty long time.

2. The learned counsel for the State of West Bengal raised a preliminary objection that the certificate granted by the Bench of the Calcutta High Court Presided over by the learned Chief Justice, was bad on the face of the judgment given b