GOPAL NASKAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the judgment and order of conviction passed by the Learned Additional Sessions Judge, Diamond Harbour , South 24-Parganas in Sessions Trial No.3(3)06/ S.C. No.15(2)06 decided on 12.10.2006 whereby the appellant has been sentenced to suffer Rigorous Imprisonment for 5 years for commission of offence under Section 376 of the Indian Penal Code and to pay a fine of Rs.5,000/-, in default, to suffer further Simple Imprisonment for 5 months.

(2.) Put in a short frame, the prosecution case runs as under:-

(3.) Prosecution examined as many as 10 witnesses in its support. Statement of the accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. However, he did not examine any witness in defence.