IN RE BISWARUP DAS Vs. STATE

JUDGEMENT

(1.) This is an application for bail in connection with an appeal being CRA No. 225 of 2014 from the judgment and order of conviction dated 21st December, 2013 and 23rd December, 2013 passed by the Additional Sessions Judge, Second Court, Paschim Medinipur convicting the accused appellant under section 376 of the Indian Penal Code in connection with Sessions Trial Case No. 28(1) of 2013 arising out of Kharagpur (Local) Police Station Case No. 533 dated 5th September, 2012 and sentencing the accused appellant to suffer rigorous imprisonment for ten years in addition to fine of Rs. 10,000/-. We have perused the judgment and order under appeal and we find that prima facie the judgment and order of conviction and sentence is based on evidence. We note that the victim and the accused were residents of adjacent servants' quarters of the same building within the Kalaikunda Air Force compound. The victim herself gave oral evidence implicating the accused appellant. Such evidence is acceptable and can form the basis of conviction. It is also important to note that a complaint was lodged on the very date of the incident. The matter was admittedly immediately reported to the concerned Wing Commander. The incident was narrated to the wife of the Wing Commander and it was on her advice that complaint was lodged at the local police station. In evidence, the concerned Wing Commander and his wife corroborated that the incident had been narrated to them.

(2.) The accused appellant did not adduce any evidence and opted for the defence of silence. It is not the case of the accused appellant that there was any pre-existing rivalry between the victim and/or her husband and the accused appellant for which they would try to falsely implicate him.

(3.) On overall consideration of the materials on record, we are not inclined to suspend the sentence or to grant bail to the accused appellant. The appeal requires to be heard out.