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2013 Supreme(Cal) 122

NADIRA PATHERYA, ASIM KUMAR RAY
Ganesh Mondal – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Pronoti Goswami and Prabir Majumder
For Respondents/Defendant: Manjit Singh and Kakali Chatterjee

JUDGMENT

Nadira Patherya, J.

1. This appeal has been filed against the judgment and order of conviction dated 29th November, 2005 and sentence dated 30th November, 2005 passed in Sessions Case No. 102(2) of 2005. By the said judgment the appellant/convicted person was sentenced to suffer rigorous imprisonment for 10 years under section 376 IPC and was directed to pay fine of Rs. 5,000/- in default he was to suffer simple imprisonment for 3 months. The case of the prosecution was that the appellant had raped the victim girl on 25th May, 1994 at 4.30 PM. The FIR was filed on 26th May, 1994 by the victim's father with the Santipur Police Station. The FIR was registered and investigation initiated in Sessions Case No. 102(2) of 2005. On completion of investigation charge-sheet was submitted against the accused person under section 376 IPC. Charges were framed under the sections mentioned above to which the appellant has pleaded not guilty and sought trial. In course of trial 18 prosecution witnesses were examined and documents exhibited.

2. On a consideration of the evidence and documents exhibited the Additional Sessions Judge, Fast Track Court IV Krishnagar, Nadia found him guilty and p














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