HARITOSH SHIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 23.03.2015 passed by learned Additional Sessions Judge, Fast Track Court, Haldia, Purba Medinipur convicting the appellant for commission of offence punishable under Section 376(1)/354 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for six months for the offence punishable under Section 376(1) IPC and to suffer rigorous imprisonment for two years and to pay fine of Rs. 5,000/- for the offence punishable under Section 354 IPC, both the sentences to run concurrently.

(2.) Prosecution case, as alleged against the appellant, is to the effect that the victim (PW 1) was acquainted with the appellant as the latter and her husband were in the same profession, and some months ago, during absence of her husband, the appellant came to her house and suddenly hugged her and put vermilion on her forehead. Thereafter, he declared her to be his wife and forcibly raped her against her will. The appellant had also threatened to kill her, and her children. Thereafter, the appellant fled away from the place of occurrence. The victim, however, did not disclose such incident out of shame and fear to her husband and others. The appellant continued to rape her on a number of times against her will and she became pregnant thrice whereupon the appellant helped her to abort by consuming medicine. Lastly, she informed the incident to her husband. Thereafter, her husband forbade the appellant to come to the house. On 11.02.2014 the appellant forcibly entered their house at 10 p.m. by breaking the bamboo fencing while the victim was sleeping with her husband and children. The appellant dragged the children and her husband from the bedroom and locked them in another room from outside. Thereafter, he ravished the victim and ran away. On the next day written complaint was lodged by PW 1 with Nandigram Police Station resulting in registration of Nandigram Police Station Case No.148/14 dated 12.04.2014 under Section 376/313 IPC. In conclusion of investigation, charge sheet was filed under Section 376/354 IPC.

(3.) Thereafter, the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track Court, Haldia, Purba Medinipur for trial and disposal. Charges were framed under Section 376/354 IPC against the appellant who pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined ten witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication