PRADIP KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This proceeding stems out of an application under Sec. 482 of the Code of Criminal Procedure filed by the Pradip Kumar Roy @ Haru who has been saddled with an order of conviction for allegedly committing offence of rape upon the victim girl (in view of Sec. 228 A of the I.P.C. I am not inclined to disclose the name of the girl allegedly deflowered; hereinafter she will be referred as to 'victim girl'). Smt. Fulmala Mondal depicting herself as mother of the victim girl set the criminal administration of justice into motion by submitting a petition of complaint before the learned S.D.J.M., Ranaghat, District-Nadia which was forwarded to Officer-in-charge, Dhantala P.S. under Sec. 156 (3) of Cr.P.C. Accordingly, Dhantala P.S. Case No. 50/1995 dtd. 5/5/1995 was registered. Police took up investigation which culminated into submission of charge sheet against the accused person. After compliance of the provision of Sec. 207 and 209 of the Cr.P.C. the case was transferred to learned Assistant Sessions Judge, 2nd Court, Krishnanagar, Nadia for disposal.

(2.) Learned Trial Court framed charge under Sec. 376 of the I.P.C. to which the accused/petitioner pleaded his innocence and claimed to be tried.

(3.) Prosecution examined as many as 11 witnesses and Doctor Tarun Kanti Ghosh was examined as Court Witness No. 1. Learned Trial Court having considered the evidence adduced by prosecution witnesses recorded an order of conviction against the accused and he was sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.1000.00 with a default clause.