AZAD HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 16th May, 2013/14th May, 2013 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Jangipur, Murshidabad convicting the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 15,000/ - in default of payment of fine to undergo rigorous imprisonment for one year more with a direction that if the fine amount is realised, half amount therefrom shall be paid to the prosecutrix.

(2.) THE prosecution case as alleged against the appellant is as follows:

(3.) P .W. 1 is the victim and de facto complainant in the instant case. She stated that she was residing at her father's house when the incident took place. The appellant is her cousin. Her elder brother P.W. 4 resides in a house adjacent to that of her father. On the fateful night around 10 p.m. she was sleeping in a room which is covered by a jhanp. The appellant entered the room and caught hold of her. She tried to cry out, the appellant pressed her mouth and threatened to kill her. Thereafter the appellant forcibly raped her. After committing rape the appellant threatened that she would be killed if she disclosed the incident to anyone. Then the appellant left the room. Next day the victim inform the incident to P.W. 2 her boudi (wife of P.W. 3). P.W. 2 on her turn, informed the brother of the widow (P.W. 3). P.W. 3 went to the house of the appellant and confronted him. The appellant admitted to have committed rape on the victim. P.W. 1 along with her father went to police station and informed the police about the incident. The police assured that they would look into the matter but did not start any case. Thereafter P.W. 1 filed a complaint before the learned Additional Chief Judicial Magistrate, Jangipur through her learned lawyer P.W. 9. She put her L.T.I. on the application. She was medically examined. She put her L.T.I on the medical examination report. In cross -examination, she stated that her father stayed with her step mother and three children. There were two rooms in her father's house. She informed the incident to P.W. 3 at 8 a.m. on the next morning.