Indian Kanoon - Search engine for Indian Law

Heard learned Advocates appearing for the parties.

1. This Criminal Appeal bearing CRA No. 551 of 2005 has been directed against the judgement and order of conviction dated June, 9 2005, and sentence dated June 10,2005 passed by Sri Sukhendu Das, learned Additional Sessions Judge, Fast Track Court IV, Krishnanagar, Nadia, in Sessions Trial NO. XVII (4) 2005 arising out of Sessions Case No. 48(2) 2005 convicting the appellant of offences punishable under Sections 376/417 of the Indian Penal Code and sentencing the convict to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- in default to suffer simple imprisonment for three months for the offence punishable under Section 376 of the Indian Penal Code, and for six months and to pay fine of Rs. 600/- in default to suffer simple imprisonment for one month for the offence under Section 417 of the Indian Penal Code, while the said sentences as passed shall run concurrently and fine, if realised be paid to the victim Sipra Sarkar as compensation.

9. It appears that there was allegation against the present appellant of commission of offences under Sections 376/417 of the Indian Penal Code and taking evidence and hearing argument of the parties learned Additional Sessions Judge, Fast Track Court IV, Krishnagar, Nadia, found the appellant guilty for the offences under Section 376/417 of the Indian Penal Code and convicted him and sentenced him for the said offences. So the relevant provisions of law regarding alleged offences of rape and cheating should be considered.

Provided that the Court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than seven years. (2) ........................................"

11. Section 415 of the Indian Penal Code defines cheating while the Section 417 of the Indian Penal Code provides for punishment for cheating.

Section 415 reads as follows :

39. Accordingly the appeal bearing No. CRA No. 551 of 2005 is allowed. The judgement and order of conviction and sentence passed against the present appellant are hereby set aside. The present appellant is found not guilty for the charges under Sections 376/417, IPC, levelled against him, and the present appellant is acquitted from the charges of alleged offences levelled against him and he be released at once, if not wanted in any other case.

40. A copy of this judgement and order be sent to the Superintendent of Jail (Dumdum Correctional Home) at once for information and necessary action.