SK. FAKIR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant criminal appeal is directed against a judgment dtd. 28/7/2004 passed by the Court of the Learned Additional Sessions Judge, Fast Track Court No. 2, Barasat, 24-Parganas (North) in Sessions Trial No. 7(4) of 2004 convicting the appellant and sentencing him to suffer rigorous imprisonment for a period of 7 years as well as a fine of Rs.1,000.00 in default, to suffer rigorous imprisonment for 3 months for the offence punishable under Sec. 376 of the Indian Penal Code.

(2.) The prosecution case originated on the basis of the complaint which inter alia stated one Smt. Jharna Das aged about 30 years (as stated in the FIR), wife of Dulal Das, Village- Barwaritala, Samar De Sarani, Kestopur, P.S.- Rajarhat, District- 24-Parganas (North), alleged, on 24/7/2000 she along with her 7 years old son Sumit went to her father's house at Machlandpur, at about 3 p.m. On the next day, on 25/7/2000 at 3.30 a.m. in the morning when she was boarding the first train from Machlandpur, her son became ill. As the train crossed Ashokenagar Station one man previously known to her (resident of Khosdelpur) sat behind her. She dealt in rice and in the same market where they saw the man had a shop. The man wanted to take the child from her. She refused to oblige. In the meantime, the train stopped before reaching the station. Right then, the man took grabbed the child from her and jumped from the train. He started running with her child. She also jumped from the train and followed him shouting at him. The man took her child to a low land with water and threw her child into the mud. When she tried to pick up the child, he forced her into the water. On her request, he brought her son to plain land and took her to a little room and kept her son standing at a little distance away and raped her against her will removing her dress. Then the man went away asking her not to disclose anyone about it. She came with her child to the main road and reached her house at Kestopur by Bus No. 225 at about 6.30 a.m. When her husband returned home at noon, she informed him of everything. She could not come to the police station as she was unwell. On enquiry she came to know that the man's name was Sk. Fakir Ali, resident of Khosdelpur at 22.45 hrs. on 28/7/2000.

(3.) Based on the aforesaid complaint, the Habra Police Station Case No. 307 dtd. 28/7/2000 under Sec. 376 of the Indian Penal Code was initiated against the present appellant. On the completion of investigation charge- sheet was filed. Charges were framed to which the appellant pleaded not guilty and claimed to be tried.