BIBHAS DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 25th July, 2018 and 27th July, 2018 passed by the learned Additional Sessions Judge, Chandernagore in Sessions Trial No.44 of 2014, corresponding to Sessions Case No.07 of 2014 which arose out of Bhadreswar P.S. Case No.256 of 2013 dated 7th July, 2013 under Sec. 376/511 of the Indian Penal Code sentencing the appellant to suffer rigorous imprisonment for 5 years and to pay fine of Rs.2000/-, in default, to suffer further imprisonment of one month.

(2.) A very short question is involved in the instant appeal, viz., the specific act of the accused/appellant, even if admitted, tantamounts to commission of offence under Sec. 376/511 of the Indian Penal Code.

(3.) In order to substantiate the charge under Sec. 376/511 of the Indian Penal Code, Prosecution examined 9 witnesses. Defence case as disclosed from the cross-examination of the witnesses on behalf of the Prosecution as well as examination of the accused under Sec. 313 of the Code of Criminal Procedure and evidence of the three witnesses on behalf of the defence is that of false implication of the accused due to animosity between the parties due to landed property dispute.