MITHUN PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 374(2) of the Code of Criminal Procedure, 1973 is filed against the judgement and order dated November 29, 2008 passed by learned Additional Sessions Judge, Fast Track Court I krishnanagar, Nadia in Sessions case no. 40(7) 2006 by the applicant has been convicted under Sec. 376 of the Indian Penal Code and sentenced him to suffer for 7 years and to pay a fine of 2000 in default to rigorous imprisonment for three months.

(2.) In order to set the police in motion a complaint was lodged by the victim, alleging against the applicant that on July 23, 05 at 5:30 PM, the accused called her to his house with on the plea he would marry her when nobody was present in their house and then he made her lying on the court, stripped and raped her as a result she suffered bleeding from her private part. The accused washed the bedsheet with detergent powder after committing rape on her. He confined her up to July 31, 2005 on the ground of marrying her, but left to some other place, keeping her in the house. The mother of the accused also left due to fear.

(3.) Over the complaint, the Kotwali P.S. case no. 261 of 2005, dated August1, 2005 under Sec. 376 IPC started against the accused person and on completion of in the investigation, the charge-sheet was submitted. The matter was transferred after commitment before the learned Fast Track Court 1, Krishna Nagar for trial.