PRADIP SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 18.02.2017 and 21.02.2017 passed by learned Additional District and Sessions Judge, Fast Track Court-II, Sealdah in Sessions Trial Case No. 04(03)/2014 arising out of Sessions Case No.03(01) 2014 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for six months more.

(2.) Prosecution case, as alleged against the appellant, is to the effect that the appellant is a friend of the son of the victim, an octogenarian lady. On the fateful night of 16.7.2013 at about 12.30 a.m., he came to her residence and asked for water. Thereafter he told the victim to come outside and he would give her Rs.100/- which he owed to her son. The victim asked the appellant to hand over the money to her son. Thereafter he left the spot. After ten minutes, the appellant returned and broke into the room and committed rape on her. She suffered bleeding injuries. In the next morning, she narrated the incident to her neighbour. She was admitted in hospital and lodged first information report. Charge was framed under Section 376 of the Indian Penal Code against the appellant. Defence of the appellant was one of innocence and false implication. In the course of trial, prosecution examined 12 witnesses including the victim, P.W.3.

(3.) In conclusion of trial, the Trial Judge by the impugned judgement and order dated 18.02.2017 and 21.02.2017 convicted and sentenced the appellant, as aforesaid.