DILIP SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed judgment and order dtd. 23/7/2014 and 24/7/2014 passed by the learned Additional District and Sessions Judge, 4th Court, Malda, in connection with Sessions Case No. 02/14 corresponding to Sessions Trial No. 7(02)2014 convicting the appellant for commission of offence punishable under Sec. 376 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.50,000.00, in default, to suffer further rigorous imprisonment for one year.

(2.) Victim is a blind girl who was barely 18 years old at the time of occurrence. In the night of 14/11/2013 the victim went out of her house to answer natures call. The appellant who was a neighbour forcibly pressed her mouth and took her to a field and raped her. When she resisted the appellant told her to keep quiet uttering 'chup chup '. She identified the appellant by his voice. After committing rape appellant threw her in a nearby well. She cried for help. Local villagers rescued her. Her parents also came to the spot. Her father (P.W.1) lodged written complaint against the appellant resulting in registration of Habibpur P.S. No. 203 of 2013 dtd. 15/11/2013 under Sec. 376/307 of the Indian Penal Code. Victim was medically treated. Her statement was recorded before Magistrate. Appellant was arrested. Charge-sheet was filed against the appellant. Charges were framed under Sec. 376/307 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.

(3.) In course of trial prosecution examined 7 witnesses. Defence of the appellant was one of innocence and false implication. It was the specific defence of the appellant there was a love affair between him and the victim. Victim wanted to marry him. In order to exert pressure on the appellant he was implicated in this false case. To probabilise his defence, appellant examined his wife as D.W.1 and one Shyamali Hembram as D.W.2.