TAPAN BISWAS Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted for the offence of having raped Kumari K. Vide order dated 15. 12. 2007 he has been sentenced to undergo imprisonment for life and pay compensation in sum of Rs. 25,000/- to the victim for the offence of rape.

(2.) IN view of the MLC Ex. PW-1/a of Kumari K and the testimony of Dr. Pankaj PW-1 who had examined Kumari K at 11:00 PM on 15. 6. 2004 as also Ex. PW-14/a and ex. PW-15/b- 1 to Ex. PW-15/b-7 and the testimony of Dr. Swati Devikar PW- 15 wherefrom it is apparent that Kumari K was raped and had suffered a vaginal tear, learned counsel for the appellant concedes that there is clinching evidence to establish that Kumari K was subjected to a sexual assault on 15. 6. 2004.

(3.) THUS, two questions need consideration in the appeal. Firstly, whether the finding returned by the learned Trial Judge that the appellant is the perpetrator of the crime is correct; and secondly, whether the sentence of imprisonment for life imposed is excessive and the sentence needs corrective action. Needless to state, the second question needs to be addressed and answered depending upon the answer to the first question.