ABDUL MALEK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 20th May, 2005 passed by the learned additional Sessions Judge, 1st Court, dakshin Dinajpur, Balurghat in Sessions Trial No. 19 of 2004 arising out of sessions Case No. 69 of 2004 convicting appellant under Section 376 of the Indian Penal Code and an order dated 23rd January, 2005 by which the appellant was sentenced to eight years rigorous imprisonment as also to pay fine of Rs. 3,000/-, in default to suffer further rigorous imprisonment for one year more. The amount of fine to be realised was directed to be given to the victim Lilima Khatun.

(2.) THE facts and circumstances of the case briefly stated are that on 23rd May, 2003 at about 19. 30 hours the prosecutrix along with her maternal grand-mother was intercepted on the way by the appellant. They were threatened on the point of a knife. The grand-mother of the prosecutrix (P. W. 3) was tied down by jute plant and the prosecutrix (P. W. 2) was raped between 19. 30 hours on 23rd May, 2003 and 3. 30 hours on 24th May, 2003.

(3.) A written complaint was lodged at 15. 30 hours on 24th May, 2003. The P. W. 13, Dr. Ranjan Mustafi examined the prosecutrix on the 25th May, 2003 and opined that he did not find any swelling, inclemation or injury in the vaginal canal. According to him, the prosecutrix was not raped at any point of time either fully or partially.