SAMBHU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is by the accused person who stood trial in Sessions Trial No.2(7) of 2013 arising out of Haldia P.S Case No.3 of 2012. The appellant stands convicted and sentenced for committing offence under Sec. 376 of the Indian Penal Code.

(2.) Charge was framed alleging commission of offence punishable under Sec. 376 of the Indian Penal Code against the accused. The court below found that the charge was established on the basis of the evidence adduced by the witnesses on behalf of the prosecution. The accused was sentenced to undergo rigorous imprisonment for 7 years to pay fine of Rs.5000.00 in default to suffer further rigorous imprisonment for a period of one month for the offence found to be punishable under Sec. 376 of the Indian Penal Code.

(3.) On the basis of a written complaint submitted by the prosecutrix to the effect that on 3/1/2012 at about 1 pm she went to take bath in a pond situated near Haldia Bandar Station by the side of the pitch road. At that time, the appellant suddenly came to her and embraced her forcefully and dragged her to the jungle by the side of the pond. Then he committed rape upon her inside the jungle and fled away. The defacto complainant returned to her home and informed the incident to local people. On 4/1/2012 she identified the offender who was roaming near Bandar Station in the afternoon. The local people apprehended him and assaulted him. In the mean time police appeared at the spot. The accused was taken to the police station and subsequently the defacto complainant lodged the complaint on 4/1/2012. It was further stated by the defacto complainant that as her husband was not in the house on the date of commission of offence, the FIR was lodged on the next date of incident.