BUDHESWAR BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction and sentence dated 27th June, 2007 and 28th June, 2007 respectively passed by the Additional District and Sessions Judge, 1st Fast Track Court, Alipurduar, Jalpaiguri in Sessions Trial No. 42 of 2005 arising out of Sessions Case No. 90 of 2004. By the said judgment and order the appellants were sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 3,000/- each in default to suffer R.I. for further three months each for the offence punishable under Section 376(2)(g) IPC.

(2.) Being aggrieved by the said judgment and order of conviction and sentence this appeal has been filed.

(3.) The case of the prosecution is that one Shikhil Adhikary lodged a complaint against the accused persons on 5th July, 2004 for the sexual offence committed on his wife on 29th June, 2004 at about 12 noon while returning from toilet. On the basis of the said complaint Kumargram P.S. Case No. 24 of 2004 dated 5th July, 2004 was initiated. The said was followed by investigation and a charge sheet under Section 376(2)(g) IPC was filed. The case was committed for trial to the Court of Sessions Judge, Jalpaiguri who transferred the case to the Additional District and Sessions Judge, 1st Fast Track Court, Alipurduar, Jalpaiguri. Charge framed against the appellants, was read over and explained to the appellants who pleaded "not guilty" and claimed to be tried. In course of trial 11 witnesses were examined by the prosecution and the appellant was also examined under Section 313 CrPC.