FARUK MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgment and order dated 23.3.2017 and 24.3.2017 passed by learned Additional Sessions Judge, 2nd Court, Bongaon, North 24 Parganas in Sessions Trial No.09 (03) of 2014 arising out of Sessions Case No.05 (02) of 2014 convicting the appellant for commission of offence punishable under Section 376(2)(j)(l) of the Indian Penal Code and sentencing him to suffer imprisonment for ten years and to pay a fine of Rs. 5,000/-, 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 the night of Kalipuja, that is, on 04.11.2013 around 10.30 PM the victim a deaf and dumb girl had gone to the house of a neighbour to celebrate puja. When she did not return till 10.00 to 10.30 PM, her mother (P.W.2) informed her father (P.W.1) and went out to search her. They found her daughter coming from a field. Her wearing apparels were torn and covered with dust. On queries she disclosed that she had been ravished by a person whom she could identify. Then her mother took her to the puja mandap where she identified the appellant as the culprit. Her mother (P.W.2) confronted the appellant who ran away. Her father also came to the spot. Over the issue her father (P.W.1) lodged written complaint with the police station resulting in registration of Gopalnagar P.S. Case No. 411 of 2013 dated 06.11.2013 under Section 376(ii)(I)(j) of the Indian Penal Code.

(3.) The appellant was arrested and subjected to medical examination. Initially, the victim refused medical examination but subsequently on 09.11.2013 she was admitted to a hospital for four days. Her statement was recorded under Section 164 Criminal Procedure Code. before the Magistrate with the help of an interpreter.