CHANDAN GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 20 -3 -2003 and sentence dated 21 -3 -2003 passed in Sessions Trial No. XXI/December/1999 arising out of GR Case No. 698 of 1996 by the Additional District and Sessions Judge whereby the appellant has been sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 5,000/ - in default to suffer R.I. for one year for the offence punishable under Section 363 IPC. He has been further sentenced to suffer R.I. for 7 years and to pay a fine of Rs. 5,000/ - in default to suffer R.I. for one year for the offence punishable under Section 366 IPC and also to suffer R.I. for 10 years and to pay a fine of Rs. 5,000/ - in default to suffer R.I. for one year for the offence punishable under Section 376 IPC.

(2.) THE case of the prosecution may be encapsulated as follows : On 21.6.1996 the victim girl (since deceased) was enticed by the appellant on the pretext of taking her to a cinema show. She did not return home at night. A search was conducted by her parents and others but in vain. It is alleged that the victim was detained by the appellant in his house and subjected to rape on different dates. On 24 -6 -1996 the victim returned home and narrated the incident to her father and others. A village salish though held but to no effect. Subsequently, on 9 -8 -1996 a petition of complaint was filed by the de facto complainant/father before the Sub - divisional Judicial Magistrate, Contai. The petition was sent to the concerned police station with a direction to register a case and initiate investigation. On the basis of such direction Ramnagar P.S. Case No. 82 of 1996 dated 8 -9 -1996 under Sections 323/363/366/376/368/109 IPC was started.

(3.) THE trial began before the Additional District and Sessions Judge, Contai against the appellant. Charge under Sections 323/363/366/368/376/109 IPC was framed against the appellant and two others which was read over and explained to them to which they pleaded not guilty and claimed to be tried. In course of trial prosecution examined in all 9 witnesses and beside the oral evidence prosecution produced documentary evidence and the same were marked as exhibits. The appellant was examined under Section 313 Cr.P.C. He thereafter produced and examined one witness (D.W.1). On appreciation of the evidence on record the Additional District and Sessions Judge, Contai passed the judgment, order of conviction and sentence impugned. Gourhari Giri and Madan Giri the other two accused were found not guilty to the charges levelled against them and accordingly acquitted. In the above background this appeal is before us by the appellant.