BYASDEV HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 30.04.2010 passed by the learned Additional District and Sessions Judge, F.T.C. 1st Court, Diamond Harbour, South 24 Parganas, in Sessions Trial No. 5 (20) 2007 arising out of Sessions Case No. 5 (2) 2007 whereby the accused Byasdev Halder, the present Appellant was found guilty of the offence under Sec. 376 of the Indian Penal Code (in short, I.P.C.), convicted accordingly and sentenced to suffer Rigorous Imprisonment for seven years and to pay fine of Rs. 500.00 (rupees five hundred only), in default to suffer Rigorous Imprisonment for one year more.

(2.) The Prosecution case in the trial, may be summarised, in brief, as follows.

(3.) On 1st Jan., 2007 an F.I.R. was submitted in the Mathurapur P.S. alleging that in the night of 26.12.2006 when the Prosecutrix went out of her house to urinate, the accused suddenly appeared there from a hideout, caught hold of the Prosecutrix from behind, gagged her mouth and dragged her to the courtyard of one Chandi Charan Naskar nearby, and committed rape on her by force and against her will. The Prosecutrix tried to resist but failed and after the incident when she raised alarm some local people came there and having seen the local people coming on the spot the accused knocked the Prosecutrix down and fled away leaving his wrapper on the spot and the people coming on the spot found the accused fleeing away from the spot. Subsequently, the Prosecutrix went to the Police Station and submitted the F.I.R. alleging the aforesaid facts and some other related facts as well. On the basis of such F.I.R. Mathurapur P.S. Case No. 02, dated 01.01.2007 was started against the accused. After completion of investigation charge sheet under Sec. 493/376 I.P.C. was submitted against the accused. Thereafter the case was committed to the Court of learned Sessions Judge, South 24 Parganas in usual course.