SURENDRA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.12.1995 passed by the learned Assistant Sessions Judge, Midnapore in Sessions Trial No.XXXVI(5)/1994 convicting the appellant under section 376 of the IPC and sentencing him to suffer simple imprisonment of 10 years.

(2.) One Basudeb Mandi then residing at Tentulberia under Haldia P.S. lodged an FIR with the Haldia Police Station at 19.30 hours on 21.5.1986 alleging the following facts : The victim at the material point of time stayed with his brother-in-law Jiten Soren in a rented accommodation under one Basanta Maity at Tentulberia. While in the morning bf 20.05.1986 all went out for work the victim who was then 10 to 11 years old was alone in the house of Jiten Soren. A co-tenant Suren Singh who is the appellant herein entered into the apartment of Jiten, shut the door from within, caught hold of the victim, committed rape upon her at 11 a.m. At 10 p.m. when all returned home from work the victim was found lying in unconscious condition and was profusely bleeding in her private part of the body. She was immediately taken to one quack doctor Mr. Milan Kumar Acharya in the night. At 1 a.m. the victim regained her senses and narrated the incident to him (FIR maker), Jiten Soren, Jiten's wife Gouri Soren and Laxman Mandi. Since all were busy to search out the accused there was delay in coming to the police station. This complaint is Exhibit 1 in the case.

(3.) On this complaint Haldia Police Station Case No.12 dated 21.5.1986 was registered under section 376 of the IPC against the accused Suren Singh and upon completion of investigation chargesheet was submitted against the accused under the said section of the law and the learned Assistant Sessions Judge upon examination of 12 witnesses for the prosecution and of the accused under section 313 of the Cr. PC convicted the accused under section 376 of the IPC and awarded the sentence as said above.