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1989 Supreme(Cal) 478

A.K.SENGUPTA, J.N.HORE
HARI MAJHI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
BIKASH RANJAN BHATTACHARJI, P.N.GHOSH, Sanat Chowdhury

AJIT KUMAR SENGUPTA, J.

( 1 ) THE appellant has been convicted and sentenced by additional sessions judge, 2nd court, Hooghly, to rigorous imprisonment for a period of ten years and to pay a fine of Rs. 6000/- in default rigorous imprisonment for two years more under S. 376 of the Penal Code. He was also sentenced to suffer rigorous imprisonment for one year for offence under S. 417 of the Penal Code. Both sentences were directed to run consecutively. The case of the prosecution is briefly stated as under :

( 2 ) THE complainant Aloka Majhi (P. W. 1) a young unlettered village girl, and the accused Hari Majhi alias Hari Malik, a young man, were living in the same village Banna under Police Station Dhaniakhali within District Hooghly. At the relevant time Aloka used to do the work of cultivation of her land in a field of her village; she was unmarried and aged about 21 years. The accused also used to work in the same filed at that time. In Jaistha 1387 B. S. (corresponding to May 1981) one day while Aloka was working in her land in that field the accused was also then working in an adjacent land there and at that time the accused picked up acquaintance with her. From that day onwar





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