HABU MAHARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction and sentence dated 29th August, 2009 and 31st August, 2009 respectively passed by the Additional Sessions Judge, Fast Track, 1st Court, Suri, Birbhum in Sessions Trial No. 1/June/2009 arising out of Sessions Case No. 71 of 2009. By the said judgment and order of conviction and sentence the appellant was sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 10,000/- in default to suffer further R.I. for one year for the offence punishable under Section 376 IPC.

(2.) The case of the prosecution is that the victim was sexually abused by the appellant in the early hours of 20th September, 2008 in her house at Jorashibtala, Chandnipara under Suri Police Station. On receiving the said information the defacto complainant rushed to the spot and admitted the victim in the hospital for treatment. An FIR was lodged and Suri P.S. Case No. 207 of 2008 dated 22.9.2009 was initiated and investigation started under Section 376 IPC. On completion of investigation charge-sheet was submitted against the accused person under Section 376 IPC. Thereafter the case was committed for trial to the Court of Sessions Judge, Birbhum who transferred the case to the Court of Additional Sessions Judge, Fast Track, 1st Court, Birbhum for disposal. Charges were framed under Section 376 IPC to which the appellant pleaded "not guilty" and claimed to be tried.

(3.) In course of trial 9 witnesses were examined by the prosecution and documents exhibited. On the basis of the evidence so also statement recorded under Section 313 CrPC the appellant was convicted and sentenced to suffer 10 years rigorous imprisonment along with fine of Rs. 10,000/- in default to suffer further R.I. for one year. Being aggrieved by the said judgement and order of conviction and sentence this appeal has been filed.