PADA HEMBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Perused the report. No other appeal has been preferred by the co-convicts against the selfsame judgement and order.

(2.) The appeal is directed against the judgement and order dated 14th/15th September, 2006 passed by the learned Additional Sessions Judge, Fast Track Court - 4, Raghunathpur, Purulia in Sessions Case No. 04 of 2001 (Sessions Trial No. 4 (8) 05) convicting the appellant and other co-accused persons for commission of offence punishable under Section 376(2)(g) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years respectively.

(3.) The prosecution case as alleged against the appellant and other accused persons is to the effect that on 23rd June, 1994 at about 7-7:30 P.M. while the victim was returning home after making purchases from the station the appellant along with one Gora Hembram and Bura grabbed the victim from behind and assaulted her with lathi, blows etc. She became unconscious and they forcibly raped her. They also snatched away cash Rs.200/-, silver necklace, two ear-rings, a nose ring from her and fled away from the spot. She informed the incident to her father, Rabi Mandi (PW1) and to co-villagers. Subsequently, FIR was lodged resulting in registration of Santuri Police Station Case No. 21 of 1994 dated 26th June, 1994 under Sections 376/394/34 IPC. In conclusion of investigation, charge-sheet was filed under Sections 376(2)(g)/379 IPC against the appellant and two other accused persons. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court - 4, Raghunathpur, Purulia for trial and disposal. Charges were framed under Section 376(2)(g) of the Indian Penal Code. The appellant and other accused persons pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 10 witnesses and exhibited a number of documents. The victim, however, could not be examined as she had expired. The defence of the accused persons was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 14th/15th September, 2006 convicted and sentenced the appellant and other accused persons, as aforesaid.