RAMAPADA MONDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the judgment and order of conviction and sentence dated 11th August, 2010, 12th August, 2010 and 13th August, 2010 passed by the Additional Sessions Judge, 1st Court, Tamluk, Purba Medinipur, in Sessions Trial No. 01 (07) 05 arising out of Sessions Case No. 50 (06) 01 under Section 376 (2) (f) I.P.C. whereby and whereunder the accused appellant was directed to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs.5,000/-, in default, to suffer additional six months simple imprisonment.

(2.) The case of the Prosecution is that on 22nd January, 1999, the complainant and his wife were not at home. They went to the field for cultivation, which was at a distance of 600/700 feet from their house. At that time their daughter Kumari Mamoni Mondal, aged 8 years, was at home. During the absence of the complainant and his wife on the same day at about 6/6.30 p.m. the accused appellant visited their house and forcibly ravished their minor daughter which resulted in the victim girl becoming ill. The complainant and his wife attended to the illness of the victim girl and it was because of this that although the incident took place on 22nd January, 1999 but the complaint was filed with the Officer-inCharge, Moyna Police Station on 27th January, 1999 under Section 376 I.P.C. Moyna P.S. Case No.03/99 dated 27.01.1999 was registered and investigation initiated. On completion of investigation, Charge sheet was submitted under Sections 448/376 I.P.C. against the accused appellant. The case was committed to the Court of Sessions and thereafter was transferred to the Court of Additional Sessions Judge, 1st Court, Tamluk, Purba Medinipur for trial. Charge was framed under Section 376 I.P.C. and was read over and explained to the accused appellant who pleaded not guilty and claimed to be tried.

(3.) The prosecution examined as many as 14 witnesses while no witness was adduced by the defence. The specific case of the defence was - one of innocence and false implication. The accused appellant was also examined under Section 313 Cr.P.C. On consideration of the oral and documentary evidence, the Trial Court passed the order of conviction and sentence against the accused appellant. Hence, this Appeal.