KALA MUNDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellant has been convicted for commission of offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months more.

(2.) Prosecution case as alleged against the appellant is that on 18.11.2002 when the victim was sleeping with her two nephews in the room, taking advantage of the absence of her sister and brother-in-law the appellant trespassed into the room, dragged her to the floor and committed rape on her. She was gagged and as a result, she could not cry for help. When her sister and brother-in-law came back, she informed them about the incident and a Salish was held, but the appellant refused to agree to the terms of Salish. Hence, there was a delay in lodging complaint.

(3.) In the course of trial, the prosecution examined 11 witnesses and in conclusion of trial by the impugned judgement and order the trial court convicted and sentenced the appellant, as aforesaid.