SASTANAN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 08th October, 2007 passed by the learned Additional Sessions Judge, Islampur, Uttar Dinajpur in Sessions Case No.22 of 2007 and Sessions Trial No.47 of 2007 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 8 years and to pay fine of Rs.3,000/- in default to undergo rigorous imprisonment for one year more.

(2.) Prosecution case, as alleged, against the appellants is to the effect that the victim who was a teenaged handicapped girl and had friendship with Sunita, the daughter of the appellant, had been asked to stay in the residence of the appellant on the fateful night, as there was no one else in the house. The victim, unaware of the misfortune that was about to be fall on her, came to the house of the appellant and was sleeping in a room, when the appellant came inside the room and forcibly committed rape on her. Thereafter, he threatened the victim not to disclose the incident to any one and when the victim became pregnant, she disclosed the incident to her parents. The father of the victim, P.W.2 approached the appellant, who confessed his guilt and requested the victim to abort and proposed that he would be pay the entire money incurred in that regard. Under such circumstances, criminal case was lodged against the appellant. Charge was framed under Section 376 of the Indian Penal Code against the appellant and in conclusion of trial the appellant was convicted and sentenced, as aforesaid.

(3.) Mrs. Mitra, learned Advocate appearing for the appellant has submitted that the circumstances under which the offence was committed are most artificial and unnatural and do not inspire confidence. In the event, the victim had been forcibly ravished, she could have immediately narrated the incident to her parents and delay in that regard militates against the truthfulness of the prosecution case. She further submitted that the victim was about 16 years of age and was a consenting party. Accordingly, she prayed for acquittal of the appellant.