ZINDAR ALI SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the judgment and order of conviction passed by the Calcutta High Court, whereby, the appeal filed by the accused/Appellant, was dismissed. The accused was convicted by Fast Track, Fourth Court, Krishnagar, Nadia for an offence under Section 376, as also an offence under Section 417 of the Indian Penal Code (hereinafter for short "IPC"). As per the prosecution case, there was another accused Naki Mollick in the matter, against whom the Chargesheet was submitted, but, he being a juvenile, was sent to the Juvenile Court for facing trial.

(3.) As per the prosecution, accused Zindar Ali SK was trying to marry with prosecuterix Chandmoni Khatoon with the help of Naki Mollick. Prosecuterix was working as a weaver and on the day of incident, when she was returning from her work, the accused caught her, taking advantage of the dark and committed rape on her. The prosecution further alleged that Naki Mollick abetted the commission of the offence and both the accused persons threatened to kill her. The accused committed rape on the prosecuterix several times forcibly and had also falsely assured to marry her. However, the accused refused to marry the complainant/prosecuterix and, therefore, the prosecuterix informed the incident to her family members and neighbours. Salish (a meeting for resolving the dispute) was held in the Village on 24.2.2003, wherein, it was decided that the accused should marry the prosecuterix, however, Zindar Ali refused to marry the prosecuterix. A complaint seems to have been made to the Chief Judicial Magistrate who issued a direction on 10.7.2003 to the police to register an offence. This became necessary as though she had approached the police, they advised her to settle the matter amicably with accused. Ultimately, a Chargesheet was submitted for offences under Sections 376, 417 and 120B of IPC. However, it was found that the other accused Naki Mollick was a juvenile and his trial, therefore, was separated. As many as 14 witnesses were examined by the prosecution in support of the prosecution case, including the prosecuterix, her father and mother. Some documents were also filed, including the medical reports, age reports etc. Doctors were also examined and ultimately, the accused abjured the guilt and claimed that he had been falsely implicated, as he had refused to marry the prosecuterix. Ultimately, the Sessions Judge negatived the defence and came to the conclusion that the offences of rape and cheating were proved against the accused, and convicted him on those two counts, however, he was acquitted of the charge under Section 120B of IPC.