KARTICK CHANDRA DALUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of judgment and order dated 31 st March, 1983 passed by Sri A. K. Sil, Additional Sessions Judge, 2nd Court, Alipore in Sessions Trial No. 2(8)/1983 convicting the appellant under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 4 years and to pay a fine of Rs. 100/- in default to rigorous imprisonment for further three months.

(2.) In the background of this appeal and the fact in a nutshell is as follows : The appellant committed rape on the minor girl Swapna Manna who was residing with her parents at 153, B.T. Road, Police Station- Baranagore, Calcutta-35. On 26.4.1981 her parents went to Narkeldanga Sishu Hospital in the afternoon where their 3rd daughter was admitted leaving other daughters and sons at house. During that time, the victim girl went to privy for easing purpose when the accused caught hold of her inside the privy, fell her on the chatal and committed rape on her forcibly by gagging her mouth. Thereafter, the accused fled away when the victim raised alarm. Hearing her alarm, one Durga Pal, the landlady and two other young men namely, Samsul Haque and Gora Chand Mondal, came there. The victim narrated the incident to them and also to her parents on their return. Her father lodged FIR at Baranagore Police Station. Police started Baranagore P.S. Case No. 14 dated 26.1.1981. After investigation, police submitted charge-sheet against the appellant. Thereafter, the case was committed to the Court of Sessions.

(3.) To bring home the charge, the prosecution examined as many as 11 witnesses while the defence side examined none.