SANJAY KOLEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgement and order of conviction dated 18th January, 2006 passed by the learned Additional Sessions Judge, 5th Court, Howrah in Sessions Trial Case No. 276 of 2005, whereby sentencing the Appellant, Sanjay Koley, to suffer rigorous imprisonment for seven years and to pay fine of Rs. 3000/- in default to suffer rigorous imprisonment for a period of six months.

(2.) A thumbnail case of the prosecution is that Sanjay Koley taking the advantage of his intimacy with Sushama Ghanti used to visit her house frequently. About 8 to 9 months prior to institution of this case by the defacto complainant, who happened to be the father of the victim girl, Sanjay Koley, the appellant, committed rape upon Sushama Ghanti, against her consent. As a result of such offence, Sushama Ghanti, became pregnant. The matter was disclosed to the appellant and the appellant threatened to murder in the event the matter is disclosed to other persons. When Sushama Ghanti was carrying for eight months, she became ill and taken to the hospital where the pregnancy of Sushama Ghanti was brought to the notice of her inmates. As a result, the First Information Report was lodged.

(3.) On the basis of the written complaint of the father of the victim girl, police took up investigation of this case and after completion of investigation submitted charge sheet under Section 376 of the Indian Penal Code. On the basis of the available records the charge under Section 376 of the Indian Penal Code was framed against the appellant where he pleaded not guilty and claimed to be tried. The defence case as it appears form the trend of the cross-examination of the prosecution witnesses is that of absolutely innocence. Now the only point for consideration is whether the learned trial court was justifid in passing the sentence inflicted upon the appellant or not.