DILIP TARAFDAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant criminal appeal is directed against the judgment and order of conviction dated 21.11.2013 and 25.11.2013 passed by the learned Additional Sessions Judge, First Fast Track Court, Krishnanagar, Nadia, in Sessions Case No. 70 (2) of 2012, whereby the learned trial court has found the accused guilty for having committed an offence under Sec. 376 of the I.P.C.

(2.) Brief facts of the case are required to be revisited hereunder to appreciate the evidence and rival legal contentions urged on behalf of the parties.

(3.) The prosecution case as unfurled herewith is such that on 02.07.2010 at about 4.30 pm. the victim went to a field close by to her house to cut grass for their goats and at that time the accused asked the victim to help him so that he could lift the bundle of grass. On that pretext the accused had taken the victim to a jute field, disrobed her and committed sexual intercourse upon her forcibly. When the victim screamed for help, some local people, who were present near the place of occurrence, asked the accused as to what happened and then the accused confessed his guilt. Initially the de facto complainant thought that the issue can be resolved in the village level but as the accused defied to settle the matter at village level, so he set law into the motion.