KRIPANATH BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 25.4.2007 and 27.4.2007 passed by learned Additional Sessions Judge, 1st Fast Track Court, Alipurduar in Sessions Case No.47 of 2006 arising out of Sessions Trial No. 4(4) of 2006 convicting the appellant for commission of offence punishable under Sections 448/323/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year for the offence punishable under Section 448 of the Indian Penal Code, to suffer rigorous imprisonment for one year for the offence punishable under Section 323 of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for five months more for the offence punishable under Section 376 of the Indian Penal Code, all the sentences to run concurrently.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 23.8.2005 at the night the appellant trespassed into the house of the victim by breaking the door and assaulted her and when she protested, she was dragged to the jhorarpar and was raped. She became unconscious and thereafter took shelter in the house of Budhu Khalko (P.W.8) and then returned to her residence. On the next day she lodged written complaint at Samuktala Police Station resulting in Samuktala P.S. Case No. 80 of 2005 dated 24.8.2005 under Section 376 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellant under Sections 448/323/376 of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track 1st Court, Alipurduar for trial and disposal.

(3.) Charges were framed against the appellant under Sections 448/323/376 of the Indian Penal Code and the appellant pleaded not guilty and claimed to be tried.