GEDU SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 01.10.2007 passed by Additional Sessions Judge, 3rd Fast Track Court, Malda in Sessions Case No. 178 of 2006 (Sessions Trial No. 8(9) of 2006) convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code Act and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.2,000/-; in default to undergo further suffer rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged against the appellant is that on 02.04.2006 at around 8 PM the father-in-law of the appellant had entered her room, pressed her mouth and raped her. At that time none including her husband was present in the room. She informed the incident to the daughter of the brother-in-law's (bhasurer meye), Letunjera. Intially, there was a salish over the issue and hence there was delay in lodging F.I.R. In course of trial, prosecution examined eleven witnesses. In conclusion of trial, trial court convicted and sentenced the appellant as aforesaid.

(3.) Learned counsel appearing on behalf of the appellant submits that the vital witness namely, Letunjera was not examined and there was also no independent witness with regard to the so-called salish.