AJOY SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment and order of conviction dated 29.06.2007 & 30.06.2007 in Sessions Case No.47/2005 (Sessions Trial No.10/2005) passed by the learned Additional Sessions Judge, Fast Track Court (1st .), Raiganj, Uttar Dinajpur under Section 376 of the Indian Penal Code.

(2.) THE factual background leading to the initiation of the case in a nutshell is that the daughter of the de -facto -complainant had been to the field for tying goat on 4.10.2003 around 9 A.M. At that point of time the appellant/accused Ajay Sarkar had been to that place. He caught the victim forcibly, laid her down and committed the offence. On the basis of that allegation F.I.R. was lodged by the father of the victim Dhirendra Das at Itahar Police Station on 5.10.2003 around 12.35 hours. On such F.I.R. G.R. Case No. 456 of 2003 dated 5.10.2003 was registered. It was investigated into and charge -sheeted.

(3.) THE matter was committed to the learned Court of Sessions for trial. During trial, charge was framed under Section 376 of I.P.C. against the accused/appellant Ajay Sarkar. It was read over and explained to him to which he pleaded not guilty and claimed to be tried.