NIRMAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed from the order of conviction and sentence dated 13th May, 2008 and 14th May, 2008 passed by the Additional Sessions Judge, 1st Fast Track Court, Berhampur, Murshidabad, in Sessions Trial No.8 (12) 2007 arising out of Sessions Serial No.1069 of 2007, whereby and whereunder the appellant was convicted under Section 376 (1) IPC and directed to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to suffer S.I. for six months.

(2.) The case of the prosecution is that on 6th September, 2007 the de facto complainant had gone to the field for cutting grass. At about 8 am the accused appellant sent his son, Subhankar Das, aged about 12 years, to trace her out and taking advantage of none of the family members being at home the accused appellant raped his daughter, aged 13 years, inside the room closing the tin doorleaf of the room. When Subhankar returned home he found that the tin door-leaf was closed and on pushing the door-leaf he noticed his father committing rape upon his sister. The accused appellant threatened his son and daughter, the victim girl with dire consequence and forbade disclosure of the matter to anybody. After some time when the de facto complainant returned to her house she was informed of the incident by her son Subhankar (PW-2). The victim girl also endorsed the commission of offence by the accused appellant on her while she was alone in her house and this was not the first instance of such offence being committed but on 3 to 4 previous occasions too the said offence had been committed. Initially the de facto complainant informed of the incident to her mother-in-law, Kaka Shasur, Mama Shasur, Mami Shasuri and others for remedial measure and as a result of such disclosure the de facto complainant was assaulted and threatened to death by the accused appellant. On the same day, the de facto complainant also informed her sister, Utpala Biswas, (PW-9) of the incident. PW-9 informed of the said incident to her husband, Anukul Biswas (PW-3), who advised filing of F.I.R and it is only after the said advice was given that an F.I.R. was filed on 9th September, 2007 at 17.15 hrs. by P.W.1, the mother of the victim girl.

(3.) Pursuant to the filing of the F.I.R. an investigation was initiated. The said investigation resulted in filing of charge sheet and the case being committed to the Court of Sessions at Murshidabad and on 11th October, 2007 the said case was registered as Sessions Case No. 8 (12) of 2007 and was transferred to the Court of Additional Sessions Judge, 1st Fast Track Court, Berhampur for trial. Charge was framed under Section 376 (2)(f) IPC. The contents of the said charge was read over and explained to the accused appellant who pleaded not guilty and claimed to be tried.