SARIFUL SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dtd. 28/1/2013 and 29/1/2013, passed by Additional District and Sessions Judge, Fast Track 3rd Court, Rampurhat, Birbhum in Sessions trial no. 40(9)/2011 arising out of Sessions case no. 119/2011 convicting the appellants under Sec. 376(2)(g) of the Indian Penal Code and sentencing the appellants for rigorous imprisonment for life and pay fine of Rs.20,000.00 each in default rigorous imprisonment for a further period of one year for offence punishable under sec. 376(2)(g) of the Indian Penal Code.

(2.) The prosecution case against the appellants is to the effect that on 17/5/2011 in the morning while the victim was returning after offering puja at Tulsipur village and had reached near Tulsipur River the appellant no.1 forcibly took her near the canal and committed rape upon her. Victim tried to raise alarm but was threatened by appellant no.1 that he would have her and her son murdered. Appellant no. 2 at the material point of time kept surveillance upon the passer-bys. After committing rape appellant no. 1 took away the golden earing and bangle from the victim and both of the miscreants fled away. In relation to the incident Murarai Police Station case no. 42 of 2011 dtd. 17/5/2011 under Sec. 376(2)(g)/379 of the Indian Penal Code was initiated against both the appellants.

(3.) Upon completion of investigation police submitted charge sheet under Sec. 376(2)(g) of the Indian Penal Code against the appellants.