CHANDAN RAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under sec. 401 read with sec. 482 of the Code of Criminal Procedure has been filed by the petitioner assailing the judgment and order dtd. 21/9/2002 passed by Learned Sessions Judge, Nadia in Criminal Appeal No. 23 of 2002, whereby the appeal was allowed in part, maintaining the conviction, the sentence imposed by Learned Assistant Sessions Judge, 2nd Court, Krishnagar in Sessions Case No. 23(2) of 2001 was reduced from seven years to rigorous imprisonment for five years.

(2.) Brief fact of the case leading to this revision is that, on 10/6/1995 Smt. Shaila Mallick, the opposite party no. 2, a resident of Krishnagar Women 's College Hostel Campus, lodged a written complaint at Krishnagar Kotwali Police Station stating that on 10/6/1995 at about 6:00 P.M. her younger daughter 'X ' (name of the victim is not revealed) stood near the Hostel No. 1 of the College Hostel, when the petitioner along with two other persons namely Sankar and Madhai were found proceeding towards the date tree behind the College Hostel. The daughter of opposite party no. 2 also went to pluck dates. When opposite party no. 2 proceeded to the place behind the Hostel, she found the petitioner was committing sexual intercourse with her daughter. On seeing her the other two persons, Madhai and Sankar fled away. The petitioner pushed the opposite party and also fled away. On being asked the daughter of opposite party no. 2 disclosed to her about the incident that the petitioner committed rape upon her.

(3.) On the basis of the written complaint Kotwali Police Station Case No. 165 of 1995 was registered on 10/6/1995 under sec. 376 of the Indian Penal Code. In course of investigation police arrested the petitioner on 11/6/1995 and he was subsequently enlarged on bail. On completion of investigation police submitted charge sheet against the petitioner under sec. 376 of IPC. Cognizance of the offence was taken by Learned S.D.J.M, Krishnagar and the case was committed to the court of Learned Sessions Judge, Krishnagar. The case was then transferred to the court of Learned Assistant Sessions Judge, 2nd Court, Krishnagar for trial. Charge was framed against the petitioner and after trail the petitioner was found guilty of the offence under sec. 376 of IPC. He was convicted and sentenced to rigorous imprisonment for seven years and a fine of Rs.3,000.00 in default to suffer rigorous imprisonment for three months.