Jahangir Mondal vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 824

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Jahangir Mondal – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Soumyajit Das Mahapatra, Mr. Soumya Basu Roy Chowdhuri, Ms. Madhurai Sinha, Adv.
For the State : Mr. Debasish Roy, Ld. P.P., Mr. Rudradipta Nandy, Mr. Jaydeep Biswas Advs.

JUDGMENT :

Debangsu Basak, J.

1. The appeal is directed against a judgement of conviction dated February 10, 2016 and order of sentence dated February 11, passed in S.T. 38 of 2014, S.C.90 of 2013, SC 241 of 2014 by the learned Additional Sessions Judge, Fast Track Court-II, Hooghly.

2. By the impugned judgement of conviction, the appellant was convicted under Section 376(2)(f) of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant was directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/-. In default of payment of such fine he was directed to suffer rigorous imprisonment for one year.

3. Learned advocate appearing for the appellant submits that, the learned Trial Judge overlooked the delay in lodgment of the First Information Report. He points out that, the alleged incident was claimed to occur on January 18, 2012 while the First Information Report was lodged on January 25, 2012. Therefore, there was a delay of seven days in lodging the First Information Report. He points out that, the prosecution was unable to explain such delay.

4. Learned advocate appearing for the appellant submits that, no student of the class was examine