SAIFUL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 20.12.2014 passed by learned Additional Sessions Judge, Fast Track Court Amta, Howrah in Sessions Trial No. 158 of 2010 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for one year more. The fine amount, if realised, shall be paid to the victim.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 30.08.2009 at about 11.00 a.m. the defacto complainant, Mumtaj Begam (P.W.1) went to the market and asked her daughter aged about eight years to take the goat for grazing. At about 12.30 noon when she came back from the market her daughter informed her that when she was at the field with her goat, the appellant asked her to purchase a "Tiranga" and on such excuse, he took her behind a bush and forcibly committed rape upon her. Mumtaj Begam informed the incident to para people and went to the house of the appellant and found that the appellant had run away. As her daughter became ill and the husband was not in the residence, she could not go to the police station. On the next day, she lodged complaint with the police station resulting in registration of Amta P.S. Case No. 103 of 2009 dated 31.8.2009 under Section 376(2)(f) of the Indian Penal Code against the appellant.

(3.) In conclusion of investigation, charge sheet was filed against the appellant and the case was committed to the Court of Sessions, Howrah and thereafter transferred to the court of Additional Sessions Judge, Fast Track Court, Amta, Howrah for trial and disposal. Charge was framed under Section 376(2)(f) of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.