ATUL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused Atul Roy son of Mahesh Roy of Sardarpara within Kotwali Police Station in the district of Jalpaiguri a permanent labourer of BPL Tea Garden, pursuant to a written complaint lodged by Shri Mahendra Nath Roy with the Officer-in-Charge of the Kotwali Police Station on 5th July 2001, was charged with an offence punishable under section 376 of the Indian Penal Code. He pleaded not guilty and was therefore tried. The learned Trial Judge on 20th March, 2004 has convicted the accused and on 22nd March, 2004 has passed a sentence directing him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of six months. The convict has come up in appeal. The prayer for suspension of the sentence was rejected by a Division Bench of this Court by an order dated 30th April, 2004.

(2.) The case of the prosecution briefly stated is that on 30th June, 2001, the prosecutrix aged about 13 years, a temporary worker in the BPL Tea Garden, at about 1 p.m. was forcibly raped by the appellant. When she tried to shout the appellant pressed her mouth and throttled her. After the offence was committed he threatened the victim that he would kill her if she disclosed the incident to anyone. The accused pleaded innocence and stated that because of enmity he has been falsely implicated.

(3.) The only point for consideration is whether the alleged rape was proved by the prosecution beyond reasonable doubt.