SARIF ALIAS PUNA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 31st March, 2005. passed by the learned additional Sessions, 3rd Court, Bankura, in Session Trial No. 1 of 2004 arising out of Sessions Case No. 15 of 2003 convicting the appellant. Sk. Sarif alias Puna under sections 363 and 376 of the Indian Penal Code. The appellant was sentenced to suffer rigorous imprisonment for a period of five years a also to pay a fine of Rs. 1. 000/-, in default to suffer further rigorous imprisonment for a period of three months for the offence punishable under section 363 of the IPC. He was also sentenced to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for a period of six months for the offence punishable under section 376 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) THE facts and circumstances of the case briefly stated are that on 14th April, 2000, at about 7 P. M. in the evening when the prosecutrix was alone in her house, one Champamukhi called her through the window requesting her to guard so that she might respond to nature's call. The prosecutrix accompanied her to the open toilet. At that time, batu Garai, Debasis Goswami, Nemai Garai, Bapi Ruidas, Hero Jadav and the appellant came near her and asked Champamukhi in some code language "whether she had brought" to which she answered "she did". Then the aforesaid persons asked the prosecutrix to accompany them. The prosecutrix declined to go. Nemai Garai at a knife point threatened her that if she thought of shouting, she would be murdered. Nemai Garai pulled her hand, Debasis Goswami assaulted her and thereafter, the prosecutrix was forcibly taken away in a Rickshasw to lokpur and kept in a house. On the following day she was taken to bishnupur where she was raped by the appellant. The mother of the prosecutrix, P. W. 4, Smt. Minoti Bhatt, lodged a written complaint on 14th April, 2000, itself at about 23. 05 hours stating that her minor daughter aged about 14 years was missing from her residence. She could gather from the people of the locality that the appellant. Sk. Sarif alias Puna, son of Langta had kidnapped her forcibly.

(3.) THE prosecutrix was brought back to Bankura by the appellant on 17th April. 2000. She was recovered from the custody of the appellant at 4 P. M. on 17th April 2000. A charge sheet under sections 363/366a/376 of the IPC was filed against the aforesaid six persons including the appellant. All of them were charged. The five out of the six accused persons have been acquitted. Insofar as the charges proved against the appellant under sections 363 and 376 of the Indian Penal Code are concerned, the relevant evidence of the prosecutrix may be noticed which is as follows: