ABDUL LATIF MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has assailed judgment and order dtd. 9/1/2017 and 10/1/2017 passed by the learned Additional Sessions Judge, 7th Court at Barasat, North 24 Parganas in Sessions Trial No. 02(06) of 2006 arising out of Sessions Case No. 28(01) of 2006 convicting the appellant for commission of offence punishable under Sec. 376(2)(f) of the Indian Penal Code read with Ss. 3/4 of the Explosive Substance Act and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000.00 only, in default, to suffer further rigorous imprisonment for one year more.

(2.) Prosecution case as alleged against the appellant is to the effect that on 21/8/2004 at 2:30p.m., the second daughter of PW 1 aged around 11 years and his third daughter aged around eight years went to Bamandanga field to cut grass for feeding the goat. At that time the appellant was reaping jute in the field. He threatened the third daughter of PW 1 and drove her away. Then he dragged the victim i.e. the second daughter to a shallow machine room. The younger daughter returned to her residence and disclosed the incident. Mojaffar Modal (PW 7), nephew of PW 1, proceeded towards the field. On the way he saw the victim returning. She was in tears. She stated that the appellant had taken her to a shallow machine room and raped her. On the next day, PW 1 lodged written complaint resulting in registration of Ashokenagar Police Station Case No. 248 of 2004 dtd. 22/8/2004 under Sec. 376(2)(f) of the Indian Penal Code.

(3.) In the course of investigation, the minor victim (PW 2) was medically examined. She made statement before Magistrate. Appellant was arrested and charge-sheet was filed. Charge was framed under Sec. 376(2)(f) of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.