ASRAF MALLICK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order of conviction and sentence dated 17th September 2002 passed by the Learned Additional Sessions Judge, 2nd Court, Murshidabad in Sessions SL. No. 108 of 2002: Sessions Trial No. 1 of May, 2002, thereby convicting the accused/appellant Asraf Mallick for committing an offence under Section 376 (1) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to a pay a fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for 2 years.

(2.) On 24th December 2001 at about 9:15 hours, the de facto complainant Md. Saidul Mallick (PW 11) lodged a First Information Report with the Raninagar Police Station that on 23rd December 2001 at about 21:00 hours, alleging that the appellant Asraf Mallick, taking advantage of the absence of the informant and his wife, came to their house, took their 11 years old daughter Nasima by forcibly putting a cloth on her mouth and committed rape on her in the garden behind their house. Thereafter the appellant left the victim girl outside the door on the lane. After the informant returned home at the next dawn, his daughter narrated the incident to him. She was still bleeding profousely and was sent to Godhanpara BPHC for medical treatment.

(3.) During investigation, several witness were examined and documents were seized. The minor victim girl as well as the appellant were medically examined. The victim's statement under Section 164 of the Code was recorded on 18th November 2002. A charge sheet was submitted against the appellant. On 19th March 2002, a charge was framed against the appellant under Section 376 of the Penal Code.