LENIN @ LELIN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgment and order dated 19.09.2014 passed by learned Additional Sessions Judge, Fast Track 1st Court, Lalbagh, Murshidabad in S. Sl. Case No.126 of 2011 arising out of Sessions Trial No.10/Sept/11 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.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 16.7.2009 at about 5.00 p.m. when the victim went out for defecation behind her house, the appellant caught hold of her and committed rape on her. As a result, she suffered bleeding injuries on her private parts. She narrated the incident to her mother and was treated at Raninagar B.P.H.C. Subsequently she was admitted at Berhampore Matrisadan Hospital for further treatment. On the written complaint of the uncle of the victim (P.W.1), first information report being Raninagar Police Station Case No.378 of 2009 dated 17.7.2009 under Section 376 of the Indian Penal Code was registered for investigation.

(3.) In conclusion of investigation, charge sheet was filed under Sections 376 (2)(f)/212/109 against the appellant and other co-accused, namely, Selim Sk., Dalim Sk. and Sahina Khatun. Charges were framed under Sections 376(2)(f) of the Indian Penal Code against the appellant and under section 212 against Selim Sk. and Dalim Sk. and under sections 109/341 of the Indian Penal Code against Sahina Khatun. The appellant and other co-accused persons pleaded not guilty and claimed to be tried.