GOPAL MONDAL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against a judgement and orders dated 29th May, 2008 and 31st May, 2008 by which the 5th Court of Additional Sessions Judge, Nadia in Sessions Trial No (iv) of May 2006 arising out of Sessions Case No. 8 of March, 2006 in connection with F.I.R. No.102 of 2001, Karimpur Police Station within the district of Nadia convicted the sole accused for an offence punishable under Section 417 of IPC and sentenced him to suffer rigorous imprisonment for three years and to pay fine of Rs.10,000/- in default to suffer rigorous imprisonment for another two years and also under Section 376 of IPC sentencing him to rigorous imprisonment for a period of 10 years as also to pay a fine of Rs.20,000/- in default to suffer rigorous imprisonment for another 4 years for an offence punishable under Section 376 of the Indian Penal Code.

(2.) The facts and circumstances of the case briefly stated are as follows:-

(3.) We have divided the material portion of her deposition in groups for the convenience of discussion. Her deposition, as regards the forcible rape on 22nd February, 2001 has remained uncontroverted. There is no cross-examination on that aspect of the matter, except for a suggestion that her deposition to that extent was false. The aforesaid deposition of the victim is corroborated by the written complaint which has been marked as Exhibit -2. Absence of any cross- examination whatsoever, on that aspect of the matter is a pointer to show that the learned counsel cross-examining her was conscious of the fact that this part of her deposition was true. He, therefore, avoided to put any question on that aspect of the matter. Reference in this regard may be made to the judgement in the case of - A.E.G. Carapiet -Vs- A. Y. Derderian reported in AIR 1961 Cal 713 wherein a Division Bench of this Court quoted with approval the following views from an English judgement.