ASARUL HOQUE @ ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from the judgment and order of conviction dated 31st March, 2010 and sentence dated 1st April 2010 passed by the Additional District & Sessions Judge, Fast Track Court (1st), Raiganj Uttar Dinajpur in Sessions Trial No. 02/2008 arising out of Sessions Case No. 58/2007. By the said order of conviction and sentence, the appellant was directed to suffer rigorous imprisonment for 10 years, and to pay a fine of Rs. 6000/- in default to suffer rigorous imprisonment for six months more for the offence punishable under section 376(2)(f) IPC.

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

(3.) The case of the prosecution is that Lili Khatun, a minor was sexually abused by one Asarul. The said offence was committed in the jute field at about 10 a.m. on 2.2.2007. As the appellant was known to the victim she went with him. She was found bleeding from her private parts and in an unconscious state. On gaining consciousness and return to her home she narrated the incident to her mother, P.W. 3 who took her to the Raiganj District Hospital. Thereafter an F.I.R. was filed with the Raiganj Police Station by the de facto complainant and Raiganj Police Station Case No. 37/07 was started under section 376(2)(f) IPC on 2nd February 2007. Investigation was initiated and on completion of such investigation the Charge-sheet under section 376(2)(f) IPC was submitted. The matter was then committed to the Court of Sessions Judge who transferred the same to the Court of the Additional District & Sessions Judge, Fast Track Court (1st) Raiganj Uttar Dinajpur. Charge under section 376(2)(f) IPC was framed and the same was read over and explained to the appellant who pleaded not guilty and claimed to be tried.