(1.) Heard the learned Counsel for both the parties.
(2.) This criminal appeal has been directed against the judgment and order of conviction dated 17th June, 2015 and 18th June, 2015 respectively passed by learned Additional Sessions Judge, 7th Court, Alipore (South 24 -Parganas) in Sessions Case No. 18(11)/2012 (S.T. No. 2(2) of 2013) where learned trial court found the appellant guilty of the offence punishable under Sec. 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/ -, in default to suffer rigorous imprisonment for one year more but subject to set off in terms of Sec. 428 of the Code of Criminal Procedure.
(3.) Briefly stated, the case of the prosecution was that in the night of 2nd December, 2011 while the victim, a woman in the neighborhood of the appellant, was sleeping with her child of 2 1/2 years in an open space known as "verandah" in the dwelling house of her father, the appellant all on a sudden came there and forcibly committed rape on her at the point of a knife. When the victim raised alarm, the other members of her father's family and local people rushed to the place of occurrence and on seeing them the appellant, Tapan Sarder fled away therefrom.