MANIRUL BISWAS @ RAJU Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted for commission of offence punishable under section 376 IPC and sentenced to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default to suffer Rigorous Imprisonment for six months.

(2.) Prosecution case, as alleged, against the appellant is to the effect that in the morning of 22.3.2008 the victim had gone out to ease herself due to the absence of latrine in her house. The appellant, taking advantage of such situtation, dragged her into a bush, gagged her mouth and raped her. As a result of such violent sexual assault, the victim suffered bleeding injuries in her private parts. Thereafter, the appellant fled away from the place. The victim returned home and narrated the incident to her grand mother. With the help of local people the grandmother of the victim took her to R.G Kar Hospital for treatment. Over such issue, Sinthee P.S Case no. 18 dated 22.3.2006 under section 376 IPC was registered. In conclusion of investigation, charge sheet was filed under section 376 IPC against the appellant.

(3.) Charge was framed under section 376 IPC. The appellant pleaded not guilty and claimed to be tried.