SAKIM ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dtd. 19/12/2012 and 20/12/2012 passed by the learned Additional District and Sessions Judge, Fast Track 6th Court, Malda in connection with Sessions Case No.156 of 2012 (Sessions Trial Case No.38 of 2012) convicting the appellant for commission of offences punishable under Sec. 376 and 506 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.3,000.00 in default to suffer simple imprisonment for six months more for the offence punishable under Sec. 376 of the Indian Penal Code and to suffer rigorous imprisonment for one year and also to pay a fine of Rs.1000.00 in default to suffer simple imprisonment for two months more for the offence under Sec. 506 of the Indian Penal Code, both the sentences to run concurrently.

(2.) Prosecution case, as against the appellant is to the effect that on 28/12/2011 around 9.00 p.m. when the victim came out of her room to answer nature's call, the appellant dragged her to a 'arahar' field and forcibly committed rape on her by showing a hansua. Victim returned home and reported the matter to others. She claimed she lodged written complaint with the local police station on the next day but no steps were taken. She even reported the matter to the Superintendent of Police. Finally, on 21/1/2012 she filed petition before the Magistrate and pursuant to direction of the Magistrate, Manikchak Police Station Case No. 41 of 2012 dtd. 21/2/2012 under Ss. 341/376/506 of the Indian Penal Code was registered for investigation. In course of investigation, victim was medically examined by P.W. 6 at Malda Hospital. She made statement before Magistrate. Appellant was arrested and charge-sheet was filed. Charges were framed under Ss. 376/506/341 of the Indian Penal Code.

(3.) In course of trial, prosecution examined seven witnesses to prove the charge. Defence of the appellant was one of innocence and false implication. During his examination under Sec. 313 of the Code of Criminal Procedure, appellant stated that his grandfather had transferred five bighas of land to his father. Out of grudge, the victim falsely implicated him in the case. He, however, did not examine any defence witness. In conclusion of trial, the trial Judge by the impugned judgment and order dtd. 19/12/2012 and 20/12/2012 convicted and sentenced the appellant, as aforesaid. However, by the selfsame judgment and order, the appellant was acquitted of the charge under Sec. 341 of the Indian Penal Code.