SAIFUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 8/2/2001/9/2/2001 passed by the Learned Sessions Judge, Uttar Dinajpur, at Raiganj, in Sessions Case No. 88/99 (Sessions Trial No. 37/99) convicting thereby the appellant under Sec. 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a period of 4 years and 3 months and to pay a fine of Rs.5,000.00 in default to suffer simple imprisonment for 3 months more.

(2.) The prosecution case was initiated on the basis of a complaint which precisely stated that the victim was forcibly grabbed from behind by the appellant while she was working at the field and thereafter raped in a paddy field.

(3.) There was a delay of two days to file the aforesaid complaint as the amicable settlement between the parties failed to fructify.