BIRAM SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - This appeal arises out of conviction and sentence in Sessions Case No. 60 of 1985 in the court of the Additional Sessions Judge, 1st Court, Balurghat. The accused was tried for an offence under S. 376 of the Indian Penal Code. The trial ended in his conviction and sentence. The learned Addl. Sessions Judge by his impugned judgment and order D/- 7-3- 88 has convicted the accused-appellant under. S. 376 of the Indian Penal Code and has sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 100/- in default further rigorous imprisonment for one month.

(2.) The prosecution case is that on 30-10-83 there was a football match in the field of Fetepur near Chakbhutshala village to which the prosecutrix and her family belong, within Balurghat Police Station. Most of the villagers had gone to witness the football match. The father and the mother of the prosecutrix Dulali Hansda went to market leaving their daughter alone at their house. The other inmates of the house went to witness the football match. It was about 4 in the afternoon Dulali was husking paddy by 'Dheki'(a kind of busking impliment) when accused Biram Soren came and caught hold of Dulali from behind and tied her mouth by cloth and thereafter he committed rape on her by force resulting in bleeding injuries in her private parts. After committing rape the accused left the place. Due to profuse bleeding and injury in her private parts she fell unconscious. The inmates of the house came back home before sunset. She was taken to the Balurghat hospital where she told the story of rape on her by the accused to the doctor and to other relations. After medical examination the doctor gave the finding that it was a case of rape.

(3.) The incident was reported at Balurghat Police Station on 11-11-83 at about 9.30 a.m. by filing a written complaint by Baburam Hansda, father of the prosecutrix which has been treated as the First Information Report and marked Ext. 2.