MARADONA SEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A police complaint was lodged at Kotwali Police Station of Nadia District on September 29, 2018 relating to the rape of the victim. The police complaint was lodged by the brother of the victim. It was alleged in such complaint that, the appellant took the victim to the Sadar Hospital pretending to visit the wife of the de facto complainant. After visiting the wife of the de facto complainant at the Sadar Hospital the appellant told the victim that he would drop the victim at her house by a Maruti Vehicle. After boarding the Maruti Vehicle the appellant constricted the mouth of the victim by a handkerchief and went with her to Bishnupur. After alighting the vehicle at Bishnupur the appellant took the victim into a garden and raped her. The incident occurred at 7 PM in the evening.

(2.) On the basis of such written complaint, the police registered a First Information Report being Kotwali Police Station, F.I.R No. 462/18, dated September 28, 2018 under Sec. 376 of the Indian Penal Code, 1860.

(3.) On conclusion of the investigation, the police filed charge sheet being No. 610/2016 dated December 19, 2018 against the appellant under Sec. 376 of the Indian Penal Code, 1860. The Court framed a charge under Sec. 376 of the Indian Penal Code, 1860 against the appellant. The charge stated that on September 27, 2018 at about 3 PM at noon, in the field of village Kanai Nagar, Belar Math, behind the Bishnupur Hospital over the land of one Sampad Raha under Kotwali Police Station, the appellant committed rape on the victim and thereby committed an offence punishable under Sec. 376 of the Indian Penal Code, 1860. The appellant pleaded not guilty and claimed to be tried.