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2013 DIGILAW 380 (CAL)

Amjad Khan v. STATE OF WEST BENGAL

2013-06-28

TOUFIQUE UDDIN

body2013
Judgment :- Toufique Uddin, J. Previously one learned lawyer represented the State. Presently, I have been given to know that the earlier panel is not in force. In such a position, Ms. Rituparna De, learned Advocate is requested to cover the interest of the State. The engagement of Ms. De, be regularized by the appropriate authority. This appeal arose out of judgment and order of conviction dated 13.11.2003 passed by learned Additional Sessions Judge, 8th Court, Alipore, South 24-Parganas in Sessions Trial No. 2 (2) of 2001 convicting the appellant under Section 376 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/- with default clause. It transpires on reading of the judgment of the learned Court below that the accused was convicted for commission of offence punishable under Section 376 of the Indian Penal Code for a term of 7 years and his prayer for bail in connection with the appeal which was filed in CRAN 118 of 2004, was rejected on 29.04.2004. This being the position, the period of term imprisonment appears to have been covered by this time meaning thereby the appellant has already served out the sentence. Ms. De, learned lawyer of the State did not dispute the fact that the appellant has already served out the sentence in view of the calculation so arrived at. Therefore, the appeal stands infructuous and the same is disposed of. Let the copy of the judgment and the Lower Court Record be sent back to the Lower Court immediately. Urgent Xerox Certified copy of this order be given to the parties, if applied for, upon compliance of necessary formalities.