SHIBNANDAN LAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been directed against the Judgment and Order passed by Sri Anwar Hossain, learned Additional District and Sessions Judge, Durgapur, in Sessions Case No.221 of 1984 (Sessions Trial No.3 of 1985) on 11th March, 1986, whereby the said learned Additional District and Sessions Judge, Durgapur, convicted the appellant/accused under Sections 376/511 of the Indian Penal Code, 1860, and sentenced him to suffer rigorous imprisonment for 5 (Five) years and to pay a fine of Rs.2000/-, in default to suffer rigorous imprisonment for 6 (six) months more in Sessions Case No.221 of 1984 (Sessions Trial No.3 of 1985) arising out of Durgapur P.S. Case No.31 of 25.12.1982.

(2.) It was the case of the prosecution that the defacto complainant/informant Smt. Parul Mukherjee, wife of Sri Manas Mukherjee, residing at 12/18, Rahimpath under P.S. Durgapur, District-Burdwan with her family members lodged a complaint at Durgapur Police Station on 25.12.1982 alleging therein that on 25.12.1982 her daughter Sadhana Mukherjee aged about 9 years and reading in class III reported to her at about 8 A.M. in the morning that she was feeling serious pain in her urinal passage and getting trouble at the time of urinating and on being asked she stated that about 15 days before she went to the quarter of Shibnandan Lal bearing No.12/24 on the upper floor of their quarter and then she was raped by force by Shibnandan Lal, who also threatened to kill her in case she stated about the matter to anybody. Then on Thursday, 23rd December, 1982 while the daughter of the informant Sadhana went to the upper floor to call on her son at 9 A.M., then the said Shibnandan Lal caused her to enter in his room by force and raped her after laying down her on the bed and also threatened to kill her if she stated about that matter to anybody. The daughter of the defacto complainant/informant did not disclose the matter to anybody out of fear, but the informant stated the matter then and there to her husband's younger brother Kartik Mukherjee and to Bose Babu, Sannyal Babu and many others of their 'Para', who heard about the incident from her daughter also. On 25.12.1982 at about 8.30 in the morning the informant, her brother-in-law asked the said Shibnandan Lal about the incident when said Lal being angry abused them and threatened them. The informant narrated the incident to her husband as soon as he returned back from the market, who also heard about the incident from his daughter. So, the informant lodged an F.I.R at Durgapur Police Station under Section 376 of the Indian Penal Code to that effect on 25.12.1982 at 18:30 hours.

(3.) After receiving the said F.I.R of the informant Durgapur P.S. Case No.31 dated 25.12.1982 was initiated and the matter was endorsed to a police officer for investigation. After investigation police submitted charge-sheet against the accused under Sections 376/511 of the Indian Penal Code. Then charge was framed against the appellant/accused under Sections 376/511 of the Indian Penal Code, which was read over and explained to the appellant/accused, who pleaded not guilty and claimed to be tried. Thereafter prosecution witnesses were examined and cross-examined, and then the appellant/accused was examined under Section 313 of the Code of Criminal Procedure, 1973.