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2017 DIGILAW 29 (CAL)

Adwaita Sharma @ Adaitya Sharma v. State of West Bengal

2017-01-06

INDRAJIT CHATTERJEE

body2017
JUDGMENT : Indrajit Chatterjee, J. 1. This appeal has been preferred as against the judgment and order of conviction dated June 15, 2011 passed by the learned Special-Cum-Additional Sessions Judge, Cooch Behar, in Sessions Trial No. 1(1) 11 (Sessions Case No. 241 of 2010), which arose out of Dinhata Police Station Case No. 381/09 dated July 24, 2009 under Section 376 of the Indian Penal Code, wherein the learned Trial Court was pleased to convict the appellant in respect of the charge punishable under Section 448/376/506 Part-II of the Indian Penal Code and sentenced the appellant to suffer rigorous imprisonment for 1 (one) year and to pay fine of Rs. 1,000/- in default to suffer simple imprisonment for 2 (two) months in respect of the charge punishable under Section 448 of the Indian Penal Code. The appellant was further sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for 6 (six) months in respect of the charge punishable under Section 376 of the Indian Penal Code. The learned Trial Court directed that both the sentence will run concurrently except the sentence in default. 2. Heard Mr. Janyanta Narayan Chatterjee, learned Advocate appearing on behalf of the appellant as also Mr. Imran Ali, learned Advocate appearing on behalf of the State. 3. Perused the impugned judgment and also the lower Court Records. 4. It is the submission of Mr. Chatterjee that this Court may dispose of the appeal directing the present appellant to deposit fine amount after he completes the substantive sentence after getting usual remissions. 5. Mr. Ali has not raised any objection on this score as the order of conviction and sentence has not been prayed for to be altered. 6. At the behest of this Court, a report was called for from the Superintendent, Jalpaiguri Central Correctional Home and the said report has come vide letter No. 46/RB dated January 05, 2017 wherefrom it appears that this accused/convict spent as under trial prisoner for three months and the actual period he is in correctional home as custody accused without remission is 05 years 06 months and 20 days (as calculated on January 05, 2017). The column No. 10 of the said annexure shows that this accused has in total served 05 years 09 months 20 days of imprisonment. The column No. 10 of the said annexure shows that this accused has in total served 05 years 09 months 20 days of imprisonment. I hope that this period has been calculated taking into consideration the period of pre-trial detention for 03 months. 7. I have not going to calculate the years or months, which this accused/convict is entitled to get remission under the Jail Code. The matter is left to the Superintendent, Jalpaiguri Central Correctional Home. 8. The judgment passed by the learned Trial Court as also the sentence are hereby affirmed. 9. Liberty is given to the accused/convict to deposit the fine amount as soon as he completes the term getting remission and set off. 10. The concerned Court is directed to accept the payment of the fine amount after scrutiny from the Authority of the Correctional Home as to whether the accused/convict has served out the sentence. 11. The appeal is thus disposed of. 12. Department is directed to communicate a copy of this order along with the Lower Court Records to the learned Trial Court for information and for necessary action. 13. Let another copy of this order be forwarded to the Superintendent, Jalpaiguri Central Correctional Home, Jalpaiguri.