BECHARAM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment, order of conviction dated 10 -04 -2007, and sentence dated 11 -04 -2007 passed by the learned Assistant Sessions Judge, Additional Court, Hooghly in Sessions Trial No. 7 of 2003 thereby convicting the appellant under Section 376 IPC and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/ - in default to suffer further rigorous imprisonment for one year.

(2.) BRIEFLY stated, the case of the prosecution is that on 17 -08 -1994 the victim was returning from the house of one Sailen Modak after completion of her work as maidservant. At that time the appellant was standing at Kalitala More. He proposed the victim to which she agreed. She scaled the boundary wall of a nearby brickfield. The appellant followed her. She was sexually abused by the appellant inside that field. In the process of such act a palm fell from the nearby palm tree. Being attracted by the fall of the palm Kalikinkar alias Ting Ting arrived at the spot and seeing the dirty act said he will inform all. The appellant caught hold of him, assaulted him and as a result he expired. The de facto complainant did not report the matter to anyone at that time but on 2.9.1994 she lodged the F.I.R. with Balagarh Police Station. On the basis of that F.I.R. Balagarh Police Station Case No.112 /94 dated 17.08.1994 under Section 376 I.P.C. was started. The case was investigated. On completion of the investigation a final report was submitted. The Learned Chief Judicial Magistrate, Hooghly perused the final report and after going through the Case Diary took cognizance against the appellant for the offence punishable under Section 376 I.P.C. The case was subsequently transferred to the Learned Court below for disposal.

(3.) ON receipt of the case on transfer, the Learned Court below framed the charge against the appellant under Section 376 I.P.C. which was read over and explained to him to which he pleaded not guilty and claimed to be tried.