BHAGBAT GORAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against Judgment and Order of conviction dated 6/6/7 passed by Learned Additional Sessions Judge, Fast track Court No. 3, Purulia, in connection with Sessions Trial No. 29/07 arising out of Sessions Case No. 22/07, thereby convicting the Appellant/Petitioner for an offence punishable under Ss. 448/376 of the Indian Penal Code, 1860 in connection with Arsha Police Station Case No. 50/06 dtd. 20/11/2006 and sentencing him to suffer Rigorous Imprisonment for a period of one year and a fine of Rs.1,000.00 in default Rigorous Imprisonment for one month for the offence punishable under Sec. 448 of the Indian Penal Code,1860 and seven years Rigorous Imprisonment and fine of Rs.7000.00 in default Rigorous Imprisonment for seven months for the offence punishable under Sec. 376 of the Indian Penal Code,1860.

(2.) The prosecution case emanated out of a complaint filed by the victim lady, inter alia, stating that on 17/11/2006 at 3 p.m. she was alone in the house while the other inmates were engaged in harvesting the field. At the relevant time, the appellant who was her next door neighbour entered into her room, embraced her, laid her on the ground and forcibly ravished her. When she was about to shout, a piece of cloth was put into her mouth. After committing rape upon her, the appellant left her house. In the evening she disclosed the incident to the inmates of her house on their return. Later the matter was informed to the village representatives. Out of shame the complainant did not report the incident to the police in time and demanded legal action to be taken against the perpetrator.

(3.) Based on the aforesaid complaint, Arsha Police Station Case No. 50/2006 dtd. 20/11/2006 under Ss. 486/376 of the Indian Penal Code was registered. Investigation ensued which culminated in the submission of charge-sheet. Charges were framed to which the appellant pleaded not guilty and claimed to be tried. The prosecution in order to prove its case examined 13 witnesses and exhibited certain documents.