SAROJKUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This statutory appeal preferred by convicts, Saroj Kumar Das is arising out of a judgement and order passed by the Learned Additional Sessions Judge, Jangipur, Murshidabad in connection with a Sessions Trial, whereinunder he was convicted under Section 376 (2)(f) of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for ten years and to pay fine with default clause.

(2.) According to the case of the prosecution on the date of occurrence around 7 P.M., in the evening, P.W. 1, mother of the victim girl, sent her (P.W. 4) to bring mustard oil from a nearby grocery shop. When after taking mustard oil, she was returning home, this appellant forcibly dragged her in a banana grove, undressed and forcibly raped her. Due to such sexual assault, victim (PW/4) sustained pain and bleeding injury on her private parts. The said incident was reported to the local police station on the next day by the mother of the victim, PW/1, to whom victim soon after the incident disclosed the entire episode for the first time. Then the investigation was commenced and her statement was recorded under Section 161 and under Section 164 CrPC. Simultaneously, several other witnesses were examined, her blood stained wearing apparels were seized and finally the appellant was charge sheeted for the self-same offence for which FIR was registered against him.

(3.) In the trial, the appellant was charged under section 376(2)(f) IPC and while the prosecution to prove its case examined total 9 witnesses, the defence examined none. However, from the trend of cross-examination of the witnesses and the answers given by the appellant against the questions put to him, during his examination under Section 313 CrPC, it appears that the defence case is one of complete denial and of false implications.