Jamal Sk. @ Jamal Sekh vs Unknown
2021 Latest Caselaw 4224 Cal

12.08.2021 S.D.

05. CRA 658 of 2016 With CRAN 1 of 2017 (Old CRAN 3151 of 2017) (Through video conference)

In Re: - An Appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

And In the matter of: Jamal Sk. @ Jamal Sekh ....Appellant.

Mr. Musharraf Alam SK ...For the Appellant.

Mr. Iqbal Kabir ...For the State.

I have heard Mr. Musharraf Alam SK., learned Advocate on

record for the appellant who submits that the appellant has served out

the sentence as awarded by the learned Additional Sessions Judge, 2nd

Court, Malda in Sessions Trial No. 61 of 2014 corresponding to Sessions

Case No. 225 of 2014 arising out of Malda Police Station Case No. 133 of

2014 dated 3.4.2014 under Section 376 (2)(i) of the IPC and Sections

4/6/8/12 of the POCSO Act registered as POCSO Case No. 53 of 2014.

Mr. Iqbal Kabir is representing the State in this particular case.

Upon hearing the learned Advocates for both the parties, let the

appeal be admitted having considered the averments made in the

application for condonation of delay of 29 days filed under Section 5 of

the Limitation Act.

Thus, the Application being CRAN 1 of 2017 (Old CRAN 3151 of

2017) is disposed of.

Since Mr. Iqbal Kabir, learned Advocate is present on behalf of the

State, there is no requirement for the usual notice to be issued. However,

upon hearing the learned Advocate on record for the appellant, since the

appellant has already served out sentence and has been released from the

correctional home, the matter is taken up for consideration.

The brief facts leading to this appeal is that complainant Washed

Khan lodged a complaint to the effect that on 03.04.2014 at about 6.00 pm

in the evening his grand-daughter Ashika Khatun could not be found in

the house and on due search he found Ashika at Moktab room in the

Masjid of village Kajidara in compromising condition and they asked

Ashika and learnt from her that accused Jamal SK. raped her and it was

about 7.00 pm, as a result Ashika became ill and she was taken to

Moulpur B.P.H.C. and seeing her condition serious the doctor referred

her to Malda Medical College & Hospital where she got admitted and

treated.

Having gone through the judgment and in consideration of the

evidence of the witnesses including the victim girl, this Court finds that

there is no ground for appeal.

Hence, the appeal being CRA 658 of 2016 is dismissed affirming

the judgment and sentence impugned.

All parties shall act in terms of copies of this order downloaded

from the official website of this Court.

(Shivakant Prasad, J.)