BARUN MUKHERJEE Vs. STATE

JUDGEMENT

(1.) This appeal arose out of Judgment and order dated 30.6.12 and 2.7.12 passed by the learned Additional District Judge, 1st Track Court, Bankura in Session Trial No. 3(1)09 arising out of Sessions Case No. 15(6)08 convicting the appellant under Section 376 IPC and sentencing him for a term of 5 years with a direction to pay a fine of L 10,000/- in default to suffer R.I. for another 3 months.

(2.) In the background of this appeal the fact in a nutshell is that on 23.7.2007 at about 4 P.M. one Barun Mukherjee, s/o. Bansidhar Mukherjee of village Chandanpur, P.S. Beliatore, Dist. Bankura enticed and seduced his only daughter Bhagyashree and committed rape upon her on assurance of marrying her. Thereafter, Barun Mukherjee tried to kill Bhagyashree by hanging. At that point of time, his niece, viz. Chaina Mahapatra went past the secluded house of one Sibnath Mukherjee in order to purchase snacks (telebhaja) and on her way to the shop she heard a scream for help from the above mentioned secluded house of Sibnath Mukherjee. Chaina Mahapatra entered the house and saw that Barun Mukherjee was trying to hang Bhagyashree by a rope. Chaina snatched the rope from the accused and took him downstairs by catching his collar. Immediately thereafter, Chaina Mahapatra, Anima and Rupa Mukherjee took Barun to his father when his father drove them out of his house. They did not lodge any complaint against Barun fearing of being ostracised. In the meantime, the family members of Barun Mukherjee gave proposal to the family members of the victim to get the matter settled amicably. They even tried to give money to the family members of victim in order to keep the matter concealed. But the father of the victim lodged a written complaint regarding the incident with Beliatore P.S. on 21.8.07.

(3.) After completion of investigation, Police has submitted charge-sheet. The case was committed by the learned Magistrate to the Court of Sessions.