( 1 ) THIS appeal is directed against the judgment dated 12-11-1998 passed by the learned Assistant Sessions Judge, Diamond Harbour, South 24 Parganas in ST. No. 1 (3) of 1997 convicting the appellant under Section 376, I. P. C. and sentencing him thereunder to suffer R. I. for eight years and to pay a fine of Rs. 5,000/-, and in default to undergo simple imprisonment for further two years. Appellant was also convicted under Section 420, I. P. C. and was sentenced thereunder to suffer R. I. for six years and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for further one year. Learned trial Court also directed that 75% of the fine, whenever realised, shall be paid to the victim girl Pratima Das as compensation.

( 2 ) AFTER the hearing proceeded substantially and the argument of the learned counsel for the appellant was in fact concluded, Mr. S. Moitra, learned Addl. P. P. in the middle of his argument raised an objection against hearing and disposal of the appeal unless the PW-1 Pratima Das, in whose favour learned trial Court granted somecompensation, is notified and heard. He pointed out that the learned trial Court granted some a