TAPAS KUMAR PALMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against a Judgment and order of conviction dated 21stJuly 2011 and 26thJuly 2011 passed by the Additional Sessions Judge, Fast Track, 4th Court, Paschim Medinipur, convicting the appellant under Section 376 of the Indian Penal Code.

(2.) By an order dated 5thJune 2012 passed by a co-ordinate bench of this Court, the application for bail being CRAN No. 2659 of 2011 was rejected and the appeal was directed to be made ready and placed before the appropriate bench for hearing. The appeal is taken up for hearing today. We have heard learned Counsel for the parties.

(3.) The prosecution case against the appellant is of one Sri Ranjit Kumar Palmal, the de-facto complainant, who filed a written complaint before the officer-in-charge (O.C.) of Keshpur P.S. stating, inter-alia, that on 14th January 2010, on the eve of Poush Sankranti, when he was sitting beside a fire with his wife Tapati, his brother Sri Asit Palmal, and Asit Palmal's wife, he suddenly saw Kalyani Rani Palmal, (the victim and wife of his other brother Sri Sujit Palmal), approach them, distraught and trembling, wearing only a petticote and a torn blouse. She was gagged and her hands tied with the sari which she had been wearing. She collapsed on reaching the place when Ranjit Palmal and the others were sitting. Tapati and Khukumoni, the victim's sisters-in-law, covered her body with the sari after freeing her hands and removing the gag from her mouth. On administering first-aid, the victim regained her consciousness.