LAWS(CAL)-2023-1-8

BABLA DOLUI Vs. STATE OF WEST BENGAL

Decided On January 05, 2023
Babla Dolui Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Appellant was put on trial on a charge under Sec. 376 (2) (j) (l) of the Indian Penal Code, 1860. By the impugned judgement of conviction and order of sentence dated March 26, 2021 the appellant was found guilty under Sec. 376 (2) (j) (l) of the Indian Penal Code, 1860 and sentenced to rigourous imprisonment for a term of 15 years with fine of Rs.50,000.00 and in default of payment of fine, to undergo further imprisonment of six months.

(2.) The mother of the victim lodged a written complaint dated April 19, 2017 with the jurisdictional police station stating that, she went to the bank for work. She left her handicapped daughter, the victim herein, at home. The appellant took advantage of the victim being alone. When she came back to home, she found the victim lying disrobed and on seeing her, the appellant ran away. The victim was crying. The victim told her that the appellant destroyed her dignity.

(3.) On the basis of the written complaint dated April 19, 2017, the police registered a First Information Report and started investigations thereon. On completion of the investigations, the police submitted a chargesheet. The court framed charges against the appellant on June 20, 2018 under Sec. 376 (2) (j) (l) of the Indian Penal Code, 1860. The appellant pleaded not guilty and claimed to be tried.