GOUTAM MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Kantha Mondal was working as a daily labour. For the purpose of work he used to stay out-station. Kantha had two daughters, Paro Mondal (not real name) and Kanchan Mondal. They used to stay in their house alone. On the fateful day they were sleeping in their house when the accused, the appellant above named forcibly entered the room and committed rape upon Paro. When Paro tried to raise alarm, accused fell on her feet and besieged her not to inform the incident to anyone and assured Paro that he would marry her after his father would come back from work. Accused used to co-habit with her subsequently on repeated occasions on the assurance of marriage. Paro became pregnant. She gave birth to a stillborn baby. When Kantha came back to his house from his work-place Paro narrated the incident. They ultimately lodged complaint with the Police as accused denied to marry Paro in a village compromise (Salish). The Police initially did not take any action. Kantha approached the learned Magistrate and prayed for a direction upon the Police to investigate into the crime under Section 156(3) of the Criminal Procedure Code. The Police took cognizance as per the direction of the learned Magistrate. Police arrested the accused and submitted charge-sheet. The accused pleaded innocence and faced trial.

(2.) The learned Additional District and Sessions Judge (Fast Track, 5th Court), Malda apprised the evidence and ultimately came to conclusion vide his judgment and order dated November 29, 2007 that the accused was guilty of the offence committed under Section 376 of the Indian Penal Code. The learned Judge convicted the accused and sentenced him for rigorous imprisonment for seven years coupled with a fine of rupees one thousand and, in default, to suffer three months simple imprisonment. Hence, this appeal by the convict.

(3.) Mr. Shataroop Purkayastha, learned counsel appearing for the appellant contended as follows :