GANESH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 08.06.2009 passed by the learned Additional Sessions Judge, Fast Track, 6th Court, Malda in Sessions Trial No. 11/09 arising out of Sessions Case No.18/09 convicted the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of compensation of Rs. 20,000/-to the victim, in default, to suffer simple imprisonment for two years.

(2.) The prosecution case as alleged against the appellant and co-accused Sundar Mondal is to the effect that on 29.01.2008 Sibhu Mondal lodged a complaint before the learned Chief Judicial Magistrate, Malda under Section 156(3) Cr.P.C. alleging that the appellant and Sundar Mondal had ravished his daughter while she was working as a domestic help in the house of the appellant. Her daughter had been ravished on a number of times but out of fear of the accused persons she kept tightlipped. When she became pregnant, the matter came to light and the accused persons threatened them. On 09.01.2008 her daughter gave birth to a child. The accused persons denied their complicity and, hence, the criminal case was lodged.

(3.) Pursuant to the direction of the learned Magistrate, the instant criminal case being English Bazar P.S. Case No. 369/08 dated 24.08.2008 under Sections 376/506 of the Indian Penal Code was registered against the appellant and Sundar Mondal. Charge-sheet was filed against the appellant alone and charge was framed under Section 376 of the Indian Penal Code.