PRABIR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement of conviction dated March 23, 2015 and order of sentence dated March 24, 2015 passed by the learned Additional Sessions Judge, First Court at Jhargram, Paschim Medinipur, in Sessions Trial No. 5 (8) 13 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one year more.

(2.) The appellant has preferred this appeal on the ground that the appellant has been falsely implicated in the instant case, which is an outcome of personal grudge and rivalry between the family members of the appellant and the victim lady over a landed property.

(3.) Prosecution case leading to the present appeal is that on complaint of the prosecutrix, a first information report being no. 89 dated October 3, 2011 under Sections 376/506 of the Indian Penal Code was registered in the Binpur Police Station for investigation. In conclusion of investigation, charge sheet was submitted under Sections 376/506 of Indian Penal Code and the case was committed to the Court of Sessions. The learned Sessions Judge after taking cognizance under Section 193 of the Code of Criminal Procedure transferred the case to the court of the Additional Sessions Judge, First Court at Jhargram, Paschim Medinipur, for trial and disposal. Charges were framed under Sections 376/506 of Indian Penal Code and the same was read over and explained to the appellant. The appellant pleaded not guilty and claimed to be tried.