LAWS(CAL)-2017-12-111

NIRMAL CH DHAR Vs. STATE OF WEST BENGAL

Decided On December 13, 2017
Nirmal Ch Dhar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Paper books have not been prepared since 2008. It appears that the appellant has served out the sentence in the meantime. Hence, dispensing with the preparation of paper books, the appeal is taken up today for hearing. Nobody appears for the appellant. Mrs. Khan, learned Advocate is requested to appear as Amicus Curiae in the matter.

(2.) The appeal is directed against the judgement and order dated 17th March, 2007 and 19th March, 2007 passed by the learned Additional District and Sessions Judge, Fast Track 1st Court, Alipurduar, Jalpaiguri in Sessions Trial No.6(1)/2006 (Sessions Case No.138 of 2005) convicting the appellant for commission of offence punishable under Sections 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.3000/- in default to undergo rigorous imprisonment for three months.

(3.) Prosecution case, as alleged, against the appellant is to the effect that the family of the victim was a tenant under the appellant and on 8.7.2005 while the parents of the victim were away, the appellant came to her room, bolted the room from inside and committed rape on her by pressing her mouth. On the written complaint of the father of the convict, Ranjit Sutradhar, Alipurduar Police Station Case No.133 of 2005 dated 9.7.2005 under Section 376 (2)(f) of the Indian Penal Code was registered against the appellant. The appellant was arrested and charge sheet was filed against the appellant under Section 376(2)(f) of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellant under Section 376(2)(f) of the Indian Penal Code and the case was committed to the Court of Sessions and transferred to the Court of the Additional District and Sessions Judge, Fast Track Court, Alipurduar, Jalpaiguri for trial and disposal. Charge was framed under Sections 376(2)(f) of the Indian Penal Code against the appellant.