KUNU MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted along with Narayan Baskey and Chunu Murmu for commission of offence punishable under Section 366/376(2)(g) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for two years each for the offence punishable under Section 376(2)(g) of the Indian Penal Code. No separate sentence was awarded for the offence punishable under Section 366 of the Indian Penal Code.

(2.) The prosecution case, as alleged, against the appellant and other accused persons is to the effect that on 27.06.2003 at 10p.m. while she was sleeping in the house the appellant and other co-accused persons forcibly entered the house and took her away and thereafter they raped her in the house of the appellant. As a result she suffered injuries and became unconscious. Her relations and friends took her to the Dhaniakhali Rural Hospital where she was treated and criminal case was lodged against the appellant and other co-accused persons. Charges were framed under Sections 448/366/376(2)(g) of the Indian Penal Code against the appellant.

(3.) In course of trial the prosecution examined 15 witnesses and exhibited a number of documents. In conclusion of trial the trial judge by judgement and order dated 02.04.2009 convicted and sentenced the appellant and other co-accused persons, as aforesaid.